Welcome to the City of Nitro webpage. This page was created to provide information that is (currently) and has not been (previously) provided to the public.This is not the official website for the City of Nitro - it is www.cityofnitro.org

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City Employees Wait Two Days After Paydate for Pay

February 19, 2015 Nitro, W. Va. - cityofnitro.com has received information regarding the fact city employees who were supposed to have been paid on Tuesday were not actually paid until today. Now in fairness city hall was closed (by Mayor Dave Casebolt) due to weather on Tuesday. However, this should not have kept city workers from being paid.Monday was President's Day and a holiday for the city. Which leaves the question, why wasn't payroll completed prior in anticipation of the holiday? John Young the city treasurer has access to the computer system at home and his accounting office. He is paid more than $65,000.00 a year (with salary and benefits - and that figure is on the low side) for working less than 24 hours a week. He could not make ensuring employees were paid a priority? Many employees live paycheck to paycheck and the delay of even a day is a hardship but to have to wait two days is unacceptable. There is no excuse for not having employees paid timely.Perhaps Mayor Casebolt should have a sit down with the city treasurer and discuss the importance of payroll and the need to have employees paid on their paydate or look for someone who will make the cities business a priority. For more than $65,000.00 a year in salary and benefits surely the city could get a full time employee in place and not one working less than 24 hours a week.

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Casebolt and Oxley Hard Selling Council on the Purchase of Casebolt's Private Employers Property by the City

February 15, 2015 Nitro, W. Va. - cityofnitro.com has received information that Nitro Mayor Dave Casebolt is using his appointed police chief to be his mouth piece to council in his attempt to facilitate the cities purchase of his employer Chuck Boggs building on First Avenue.The building is currently listed for $335,000. You can see this listing at:www.rivervalleyllc.comand then clicking on Our Listings.cityofnitro.com has confirmed that council members have been contacted by Chief Oxley and another officer attempting to get them to support the purchase. This is highly unethical.

cityofnitro.com thinks the pieces have finally come together. Dave Casebolt's former accusations against former Chief Jordan to anyone who would listen in Nitro seems very hollow now. Casebolt accusing Jordan and his "family" from taking money from the city is laughable in the face of Casebolt's facilitation and attempt to facilitate city money to his employer Chuck Boggs and River Valley Properties.cityofnitro.com believes Chief Jordan signed his own termination papers when he objected and opposed the purchase of the very building now being pushed to city officials by Casebolt's new Chief Brian Oxley and his subordinate. Casebolt's employer has been trying to sell their building for years. Just no takers.Years ago when this was before council Chief Jordan made it clear the building was inadequate for the police departments needs. Now miraculously the building not only meets the needs of the police department but Chief Oxley and one of his subordinates are pitching the hard sell to other elected officials on behalf of Dave Casebolt. Even stating that Casebolt can't be seen out front on this deal.Some dots are just not that hard to connect. Be sure and check back for updates.

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Chief Oxley Working Hard For River Valley Properties- Leaving Many Asking, "What About the Police Department"

February 15, 2015 Nitro, W. Va. - cityofnitro.com has bee receiving information from multiple sources regarding some very concerning activity taking place in the Nitro Police Department.This information is still being vetted but the information appears to be 100% credible. cityofnitro.com can say that it is clear now why Chief Oxley was appointed Chief by Mayor Casebolt and it doesn't appear to be his policing abilities. It is sad to see the Nitro Police Department manipulated by a mayor who is more concerned with making money for his private employer than he is in allowing the police department to run effectively and efficiently with a leader who has the department's interest first and foremost. The deterioration of the departments morale has just been sad to watch over the last several years.Chief Oxley is spending much of his time these days, along with one of his subordinates, working hard for River Valley Properties and Realtor (not Mayor) Dave Casebolt. If the deal goes through cityofnitro.com hopes Oxley gets a cut or Casebolt makes it worth his while. But what could the subordinate of Oxley be getting out of this? Guess only time will tell. Don't think anyone will have to wait long to find out just exactly his payoff.cityofnitro.com has a piece of advice for Chief Oxley, "Wake up before it is too late." Be sure and check back for updates.

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Dave Casebolt - Realtor or Mayor?

February 14, 2015 Nitro, W. Va. - cityofnitro.com has always felt Nitro Mayor Dave Casebolt's employment as a realtor for local Real Estate Agency, River Valley Properties was an issue and a conflict of interest when dealing with city business.It was an issue when the city was looking for a bucket truck. The city put out for bid what they were looking for. They received multiple bids for both new and used trucks.It was a surprise to cityofnitro.com when the city council voted to accept the bid by C&C Auto which was submitted actually by Freddie Harmon (the adopted son of Chuck Boggs Sr.) Without even doing a simple car fax report which would have shown the truck to have a salvaged title due to flood damage. The city paid out $20,000.00 for the flooded out salvaged title truck.What was even more interesting is that then Councilman Casebolt did not even make the conflict of interest known to the other members of council or the public and he did not even abstain from the vote.This was not the last dealing Councilman Casebolt would have with his employer while a member of council before becoming Mayor. There have been discussions over the years about moving the Nitro Police Department out of the Nitro Community Center and in another facility. While on council Dave Casebolt brought up the possibility of the police department going into - now wait for it - wait for it- his bosses building (River Valley Properties) building on First Avenue. At that time the building was evaluated and it was determined by then police chief Chief Jack Jordan that it was inadequate for the needs of the police department.cityofnitro.com could not figure out what issue now Mayor Casebolt had with former Chief Jordan. But things are much clearer now. Chief Jordan was taking a stand against the purchase of the building owned by Boggs and this was upsetting to not only Mr. Boggs but his employee then councilman now Mayor Dave Casebolt. Casebolt is shameless now. He has his new Chief Brian Oxley and another office lobbying members of council to get support for the purchase as the issue is back on the table.

cityofnitro.com is
wondering how much of a commission will Mayor Casebolt get on this
sale? Which leads us to also ask, How much has he already received for
the land deals done since becoming mayor? River Valley Properties has
been involved with the city purchase of the property owned by Keith
Deihl and other property purchases about town.One member of council has been heard saying, "If he (Mayor Casebolt) buys one more piece of property he will never be re-elected as mayor.It
is worth noting that it is not only salvaged title flooded out bucket
trucks and property the city has purchased from or through River Valley
Properties owned by Chuck Boggs - the mayors employer, but the city has
also purchased (through bid) a rusted out wood chipper from Chuck Boggs
for $10,000. A piece of equipment that until parts purchased and work
done on it by the public works department, wasn't even running.cityofnitro.com
thinks the plan was in the works long before Dave even ran for council
to enrich not only himself but his employer River Valley Properties
through his position with the city. Getting rid of any obstacles in his
way (former Chief Jordan). Casebolt and other elected officials put
out to the public misinformation and lies about Chief Jordan and his
family. Saying that Jordan was running the city. When in fact Jordan
ran nothing but the police department. But Jordan was an obstacle to
the sale of the building owned by Chuck Boggs which currently houses his
offices for River Valley Properties - which in case you were not aware
is up for sale for $335,000. If a 5%
commission is in play, that is $16,750. Who will get that commission if
Casebolt gets the city to buy his bosses building?The
day of Jordan (as Casebolt use to say) is over and the days of Caesbolt
and Boggs are just beginning. Casebolt use to say that former Chief
Jordan and his family were fleecing the city. cityofnitro.com believes
that Jordan had to go so Casebolt could implement his plan. Jordan made
it clear when Casebolt was on council that the purchase of his bosses
building was not an option and off the table.

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All Budgets Cut, No Pay Raises and Casebolt Wants More Money for Baker Engineering & Landscaping

March 18, 2014 Nitro, W. Va. - There will be no pay raises for city employees this upcoming fiscal year. For the fire department this will be two fiscal years back to back where no pay raises were given.Nitro Treasurer John Young stated the budget cuts and decision to have no pay raises was made by Nitro Mayor Dave Casebolt. Young stated the Mayor went line by line in the city budget to make his cuts. However, the cuts seem arbitrary at best. Example the Police Department supplies budget was cut in half. This is just one of the questionable budget cuts made by the Mayor. What was even more concerning is that there had yet to be any budget meetings held. The budget presented at the council meeting was just created with no input from all members of council. This is new in Nitro Nitro has always had a budget committee where department heads in full view of the public would be heard. But not now under Casebolt. Casebolt promised transparency but has not even come close to producing transparency.Freedom of Information Act (FOIA) requests have gone without response. Requests involving financial statements by Nitro Treasurer John Young. Example: John Young made a public statement in an open council meeting late 2013 that the city had already made all payments to the police and fire pensions (city contributions) for fiscal year 2014. Since those payments had already been made or overpaid previously as Young stated the city had the funds to order and purchase a much needed garbage truck. However, when the financial records were reviewed back to 2009 coming forward to 2013 the financial records did not support the statement by Young. A FOIA was submitted by cityofnitro.com contributor tifney Franks asking for the documentation to support his statement to the council and the public. This request was submitted in December of 2013. To date the city has not responded with documentation to support Young's statement. You can see those documents and the actual published financial records on this page.City budgets are being cut and no pay raises for any employees. But the Mayor wants to spend $6,000.00 at Baker Engineering to plans to landscape the property at the base of the Nitro St. Albans bridge. The $6,000 would only be for the plans. No anticipated costs of the actual landscaping and the maintenance that would be required to upkeep such a project. The kicker is that the property is not even city property.Nitro Mayor Dave Casebolt has big plans for Nitro. However, he is showing he is willing to complete project after project at the expense of the city workers and residents. Cutting the budgets year after year for the police and fire departments is totally unacceptable. Just as it is to purchase used/junk equipment from his boss and his bosses family for public works. To see the men in public works throwing out their shoulders and backs picking up trash and slinging it into the homemade garbage truck (converted from a flat bed truck) and then having to transfer it to the compactor trucks by hand is disgraceful. But who cares about these men as along as Casebolt can beautify the city so his employer can sell more real estate.Check back for updates cityofnitro.com will have the proposed budget up for you to view shortly.

Why is the WV Gazette Not Accurately Reporting on Nitro?

March 18, 2014 Nitro, W. Va. - If you were to read the WV Gazette article about the Nitro City Council meeting held earlier this evening you would miss very important information about the upcoming budget and budget cuts made by Nitro Mayor Dave Casebolt.You can read the article yourself at http://www.wvgazette.com/Newscycle/201403180274?page=1 It coveres the certification of the excess levy recently passed by voters. What was interesting about this was the quotes referenced by Councilman Bill Javins. Javins was quoted by Tankersley as stating, "If the levy had gone the other way, it would have destroyed our city," However, no mention of the fact that before Mayor Casebolt was elected as Mayor he was actually out campaigning against the levy and the levy was defeated. The taxpayers had to spend additional funds to hold another election because of the anti levy campaign waged by Casebolt. Tankersley did not bother to cover the fact the Mayor had cut all budgets across the board for fiscal year 2015. That there would be no pay raises for any employees. Including the Nitro Fire Department who had been excluded from the last round of pay raises in the city. No mention from the WV Gazette reporter on those budget cuts.Tankersley does not even question how the mayor can justify the major budget cuts and in the same breath ask for money to spend on a beautification plan for property not even owned by the city.It is amazing that Tankersley does not report any of the negative information out of Nitro. This leaves many asking, Why?Tankersley did not cover the city cutting a check to the IRS in the amount of $1,800 to cover the penalty assessed to John Young for failing to properly report and file W2s and 1099s to the IRS on behalf of the city. This fine/penalty should have been paid by Young himself or his bond should be attached to get refund of the monies expended for his misreporting W2s and 1099s over a multi year period.Tankersley has not covered the fact Fire Chief Jeff Elkins used his position as Chief to exact personal revenge against a subordinate fire fighter with whom he has had a longstanding personal grudge. By altering his requested time off so that he could then bring the fire fighter up on bogus charges. The audio of the hearing where Elkins admitted he and the personnel director arbitrarily changed a date was outrageous. But nothing in the WV Gazette about this story of a fire fighters pension and health benefits being cut off for more than 5 months.Nothing but puff pieces in support of Casebolt are written.This has not always been the case in Nitro. Over the last five years the WV Gazette has reported negative story after negative story about Nitro. These stories were of course written by WV Gazette Reporter Rusty Marks and not Marta Tankersley.When Marks was questioned by one of the targets of his frequent hit pieces he stated that he was always getting phone calls from former Councilman Jim McKay, Treasurer John Young with information about employees of the city. However, what is interesting to note is that none of their names ever appeared in any of those stories.Now, when information is given to the WV Gazette they say that they have to be able to quote a source and name someone. Funny, that has never been the standard before.In fact when information was given to the WV Gazette about the sale of city property by public works Rusty Marks refused to cover the story. He was given the names of employees who had gone to the new Mayor to state that they had taken city property to the junk yard for cash and brought the money back to their supervisor. No action was ever taken by Casebolt, the Nitro Police Department regarding this matter. Why is the WV Gazette refusing to cover Nitro fully and accurately?Check back for updates.

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Chief Elkins Explodes in Meeting

March 14, 2014 Nitro, W. Va. - cityofnitro.com has been provided audio from departments within the city. None of the audio is more explosive than that of the Nitro Fire Department.In light of recent charges brought against retired Nitro Fire Captain Mark Jarrett by Chief Jeff Elkins this audio is especially relevant. Charges that proved bogus. You can hear the audio of the hearing board at cityofnitro.com As Chief Elkins admitted during the hearing that he actually was one of the two people who changed the day Captain Jarrett requested as a vacation day to a sick day. In the audio to your right you will hear how Chief Elkins names Captain Mark Jarrett as the person attempting to get him voted out of the union. You can hear this at point 19:57.Chief Elkins in this audio is just another example of his inability to lead a department. His inability to maintain control in a heated exchange with his subordinates is extremely disturbing. You can hear Chief Elkins state that he is actually not working with specific individuals within the department.You will hear on this audio how former Chief Hedrick saved now Captain A.J. Shinn's job on more than one occasion. But according to then Captain Jeff Elkins and A.J. Shinn Hedrick was allowing them to be bullied. This was simply not true. At point 35:17. You can also hear discussion about how then Councilman now Mayor Dave Casebolt and members of council made decisions to simply mess with former fire Chief Hedrick. This is at point 29:14 and 40:00.

At point
26:15 you will hear how the men talk about how aggressive Elkins was
during the meeting. That he is just not in control. Also, highlights
the lack of leadership from the top down starting with the Mayor and his
department heads.Be sure and check back for udpates as much more audio is to be released over the coming months.

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City Check Used to Pay $1,800 IRS Penalty for Treasurer John Young

March 11, 2014 Nitro, W. Va. - Nitro Treasurer John Young has still produced no explanation as to why he paid the penalty assessed by the IRS for his failure to properly report and file W2's and 1099's out of the cities account.The IRS audited the city and found that John Young had failed to properly report and file W2's and 1099's properly. At the time this became public John Young reverted back to his, 'not my fault' default position when his mistakes are pointed out. He even claimed and told members of council the IRS was wrong but that they could not fight it as it would cost too much money. What concerned cityofnitro.com the most was that not even councilman John Montgomery questioned young on his claims. Montgomery a retired attorney for the State of WV should know better.John Young and the city had the right to appeal to the IRS supervisor of Patsy (whose letter is to the right) who worked with the city during the audit and drafting of the final agreement to settle the matter. This would have cost the city nothing. John Young however, had to have known that his false statements to council would fall short with the IRS. Unlike the council members the IRS would not buy his false statements at face value.However, with the IRS John Young had a different story than he did with the members of council. He had no valid excuse for his failure to properly report and file W2's and 1099's. You can see this to the right on the IRS Explanation of Items. At the bottom under conclusion, "... No reasonable cause for these failures was provided. The total penalty owed for 2011 is $1,800..." Also under Taxpayers Position, "Taxpayer has provided no position at this time other than not knowing all of the tax laws concerning filing Form 1099's." As a CPA this seems concerning to cityofnitro.com. Especially in light of the other IRS issues John Young has had including the loss of the Convention and Visitors Bureau (CVB) tax exempt status.However, with the issue of the $1,800 in penalties paid due to John Young failing to properly file and report to the IRS the question is, "Why did the city pay for John Young's failures?"Who authorized this payment. There was never a vote of council to pay the penalties assessed due to CPA John Young failing to properly report and file. Normally a CPA pay their own penalties for failures to report and file on behalf of a client. John Young is not an average employee of the city. He is a contracted CPA who works three hours a day on behalf of the city where he is paid a full time salary and draws full time full benefits from the city for his time and expertise. Any penalties and/or fines should have been paid by John Young directly to the IRS or his bond attached for the amount paid by the city.cityofnitro.com is sending this message to Mayor Dave Casebolt and Recorder Rita Cox, "Why did you take it upon yourselves to authorize the city to pay the penalties/fine assessed by the IRS?" and, "By what authority did you expend these funds without a vote of council?" This is puzzling since both Casebolt and Cox's signatures are on the check for the penalties for John Young's failure to properly report and file.cityofnitro.com will be looking in to see if there is any ethics issue with this payment with the WV Ethics Commission and the WV Board of Accountancy.check back for updates.

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Nitro CVB Tax Exempt Status Still Revoked After 16 Months

March 11, 2014 Nitro, W. Va. - cityofnitro.com has learned from the IRS that as of Friday March 7, 2014 the Nitro Convention and Visitors Bureau (CVB) has not had their tax exempt status restored.According to the IRS the CVB's tax exempt status was revoked as of December 15, 2012 due to CVB treasurer John Young failing to make the required annual filing for three consecutive years.At the time this became public in 2013 John Young stated that he felt the IRS was wrong and that the Nitro CVB was not required to file. However, the IRS advised John Young and the CVB in the letter to the right advising the CVB that their tax exempt status had been granted. The form letter clearly states that the Annual Form 990 Required "Yes". John Young a CPA with his own accounting firm would lead one to believe that he knows how to follow IRS guidelines and regulations. However, his failing to make annual filings has not been the only issue Young has had with the IRS since taking over as treasurer in Nitro.John Young was fined $1,800 by the IRS for his failing to make proper filings and reports on behalf of the city. Again, he claimed at the time not his mistake. He claimed the IRS was wrong.But how many times can one CPA make that claim and be credible.

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John Young Still Fails to Supply Documentation to Support Pension Overpayments

March 9, 2014 Nitro, W. Va. - Nitro Treasurer John Young has failed to supply supporting documentation under a Freedom of Information Act (FOIA) request submitted by cityofnitro.com contributor Tifney Franks. Franks in December 2013 after Young stated that the city had the money to purchase a new garbage truck due to the city making the city contribution payments to the police and fire pension early they were at that point actually already paid through FY 2014.However, the published financials by John Young did not support that statement. Based on the cities published financials going back to FY 2009 the cities contributions into the police and fire pensions were as shown below:FY 2009$93,772.49 - Police Pension$86,717.10 - Fire PensionFY 2010$120,217.90 - Police Pension$111,781.01 - Fire PensionFY 2011$118,564.00 - Police Pension$110,404.00 - Fire PensionFY 2012$132,787.42 - Police Pension$153,815.83 - Fire PensionFY 2013$125,227.00 - Police Pension$116,680.00 - Fire PensionBased on the above published financials there is no way that the city could have met and actually paid and fulfilled its obligations to fund the police and fire pension plans for FY 2014. If so just when did these payments take place? The city did send a response to the FOIA request but it did not fulfill the request nor did it support the statements regarding the pension payments made by Young.cityofnitro.com contributor Franks received the documents to the right:The above documentation provided in response the FOIA submitted by Franks does not show the overpayments Young claimed to have made on behalf of the city to the police and fire pension.

In fact the total provided above by Young for the Police Department for July 2013 to December 2013 was a total of 66,266.20 and the fire Department for the same time period $72,146.58. Considering that amount required to be paid for FY 2014 would have been 7% more than the preceding FY 2013. The city was just on track with the payments for FY 2014. Not overpaid as Young stated.Young may try to claim that the statement was made based on a calendar year and not fiscal year. But we have the numbers published going back to 2009. That statement would not hold true either.While many may have already forgotten Young's statement cityofnitro.com wants answers. This was not the first time Young had provided false financial information to the council members in an open meeting and the public. However, he has never been held accountable as no one is following up on his statements.Be sure and check back for updates as this matter is no where near being resolved. Once the city provides either the documentation to support Young's statement for the overpayments or a statement otherwise it will be brought to you so you can see for yourself.

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Nitro Voters Pass Excess Levy

March 9, 2014 Nitro, W. Va. - When one first hears the results of the Special Levy Vote held on Saturday March 8th, one might have thought this levy passed with overwhelming support of the voters. The levy did pass with 84% of the vote. But when you consider the total number of votes cast was only 274 - the percentage no longer seems overwhelming.It is not surprising there was not a huge turnout for the special levy. There were no signs about town leading up to Saturdays vote. The only thing cityofnitro.com saw was on Nitro Mayor Dave Casebolt's Facebook page. On March 4th the Mayor put up a post asking voters to support renewing the levy. Then again yesterday he asked people to remember to vote.Considering the majority of voters in Nitro are not getting the posts from the Mayor it is safe to assume many did not even know there was a vote taking place.cityofnitro.com is glad to see this excess levy passed. The funds are much needed in Nitro. Especially in light of the fact the city has been

giving away more than $700,000 in B&O Taxes from the Nitro Marketplace for the last 25 plus years.The $369,000 the excess levy brings in supports public services in Nitro.cityofnitro.com was glad to see that people were not out campaigning against this excess levy. This was a concern since Mayor Casebolt was out campaigning against the excess levy vote before he became Mayor. The year that Mayor Casebolt and the citizen activist from California Karen Fritz were out campaigning against the levy it failed. With the failure the city had to incur the costs of a second vote.Just goes to show that maybe there is hope in Nitro. Since the non Casebolt supporters did not use his tactics to get elected against him. check back for updates

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Nitro Still Without Licensed/Certified Code Official as WV State Fire Marshall Gives Another Extension

March 9, 2014 Nitro, W. Va. - Nitro has been without a licensed/certified Code Official for more than five years. The last licensed/certified Code Official for the city was Bryan Casto. After Casto's departure city council voted to put the Building Department under the Nitro Fire Department. Once that vote was taken the position has been held by Nitro Fire Captain Ron King. Since taking the position King has been unable to obtain the required license/certification to be named the city Code Official.According to the WV State Fire Marshall's Office the city is now on its third provisional status granted by the State Fire Commission. The State Fire Commission may grant an entity provisional status for up to two years during a period in which the local government entity may employee uncertified persons to serve in the position.To the right is the Legislative Rule for Certification of Building Code Officials. Section 87-7-6. Alternative for Probationary Employment of Uncertified Officials. Page 4 is where you will see 6.1. and the language noted above.If you go on to read 6.2. You will see the following:"The State Fire Marshall may grant an extension of probationary status based on the extenuating circumstances approved by the State Fire Commission, not in conflict with the intent of these rules."cityofnitro.com thinks that the State Fire Commission granting three extensions of probationary status is clearly in conflict with the intent of the legislative rules governing Code Officials.This situation in Nitro is why it is wrong to play politics with departments within any local government. Nitro City Council at the time they voted to put the Building Department under the Fire Department did so in order to keep former Building Department employee Sandy Saunders from being able to obtain the position. As once the vote was taken and the Building Department was under the Fire Department only a civil service employee of the fire department was able to hold the position.The City Council Members behind this move were former Councilman Craig Matthews and non other than now Nitro Mayor Dave Casebolt. Matthews himself a City of Charleston firefighter.

Casebolt is reported to want this position to go to former Huricane Code Official Jay Gibson. Gibson is also currently not a Licensed/Certified Code Official. His grandfather status which allowed him to serve in Hurricane has lapsed and he would now be required to pass the tests that for the last five years Captain King has failed.Be sure and check back for updates.

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City Leaves 18th Street House an Open Hazard for Children

By Tifney Franks March 8, 2014

Nitro, W. Va. - Nitro's Property Maintenance Committee started taking action in 2013 to condem a home on 18th Street in Nitro.The city had put out for bid the demolition of the home on 18th Street and other homes in Nitro. The cost being prohibitive, Nitro decided to take action and utilize their public works to do the job of taking down the home on 18th Street.This process however is proving to be potentially dangerous to children in the community. The pictures to the right show this house on 18th Street. As you can see the city has their equipment on site. The windows are out of this home with no plywood to block entry. There is no silt fence no signs around the property to keep indivdiuals at bay. If this job were being done by a private company they most likely would have already been fined by the city. This situation demonstrates that there is no one involved in this process with the ability or knowledge to properly prepare a site for demolition. What liability would the city have if a child or anyone were to get inside that condemed home and cause injury to themselves?

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City Financial Records FY 2007/2008

By Tifney Franks February 22, 2014Information about 2007/2008 financial records ordinarily would not be an issue in 2013 but Nitro Mayor Dave Casebolt and his treasurer John Young do not want to talk about the current state of things without bringing up ancient history. Well at least their version of it. The public perception of the cities financial condition in the months leading up to my departure from the city was not in line with the reality of the situation. At the time it was hard to get that out as the misinformation was flying from then Nitro Councilwoman Gertie Estep, citizen activist Karen Fritz, citizen activist Wanda Carney and her bottom feeding lawyer Mike Clifford (this is my personal opinion of Mike Clifford and does not represent the views of www.cityofnitro.com) along with the aide and assistance of WV Gazette Reporter Rusty Marks. But now with the passage of time and the financial records, audio and WV State Audit Reports we know the truth. So on with the piece below:Nitro, W. Va. - Nitro Treasurer John Young has lied or has led elected officials in Nitro and others to believe that there were no financial records for Fiscal Year (FY) 2007 in the city when he took over. This was the one and only FY where I was treasurer from beginning to end. He will quickly point to the W. Va. State Auditors Audit Report for FY 2007 where it stated there were no records to complete the annual audit.This is odd since the records were in city hall when I left the city in October 2007. In October I asked council to bring in an outside Accounting Firm to do an audit. This was due to the false information that was put out to the public by a few elected officials, a citizen activist and WV Gazette reporter Rusty Marks. Perception at the time I left the city was that the city was in serious financial trouble. This was not the case. The city did and was facing a short term cash flow problem that the city officials and even county officials were advised would only be short term and that by March/April of 2008 the situtation would resolve itself. This short term cash flow problem was due to two reasons. First the cities liability insurance doubled out of the blue. There was no reason to anticipate this increase since the trending report from the Board of Risk was trending down. This was a shock coming into the first quarter of 2007. Second the legal fees that were billed directly to the city because when the city was in litigation with THF the official in charge of turning litigation over to the cities insurance carrier (which was and is Nitro City Recorder Rita Cox's responsibility) did not occur - you can hear this discussed w/ Chambers and Paterno at point 18:40. Which left the city directly liable to pay those legal bills. It was a combination of the two that made up the $225,000 figure noted by Chambers and Paterno that if things didn't change would be the current deficit for FY 2008. However, there was never any mention of City Recorder Rita Cox's failing to turn the litigation over to the cities insurance carrier which was her job as Recorder.It was funny that all the articles by WV Gazette Reporter Rusty Marks were focused on myself. Which is fine. I have always had issues with Rusty Marks and his note taking style of reporting. Linda Tolley-Raffle even referenced his failing to accurately report at point 33:29. At point 25:00 she referenced she did not know where people were getting their misinformation. She stated it was coming directly out of the front office because something would be said and it would be in the paper the next day. But never in full context. The front office was being worked by Jeannie McCormick. Jeannie was in constant communication with Karen Fritz, Councilwoman Gertie Estep and Rusty Marks.Chambers and Paterno had all the records they needed for 2007. Linda Tolley-Raffle noted this in the audio to the right at point 54:41. She stated the records she could not locate she was able to get from the bank. So where did the records go? The W. Va. State Audit report issues for FY 2007 was not completed due to the records not being provided to them. It is funny that Chambers and Paterno were able to locate the necessary financial records but when the auditors came John Young advised he had no records. Funny how that happened.I was called when the auditors were on the ground and advised that John Young was stating there were no records. We knew that to be not true. I personally contacted the WV Auditors Office and they failed to return one call. I had copies of those records and offered to supply them. As I was given copies of all records by the city AFTER I left the city going back to 2006. Perhaps John Young was not aware that copies were given. But still he said there were no records. This lie was on him.Council were given updated monthly Income Statements. This listed the cities current revenue and expenditures by line item. Which is something John Young does not provide to council. He only gives them totals by department. Never do they get a line item breakdown. Those records were readily available also and in a file in John Young's office clearly marked "Financials to Council". The general ledgers were maintained and on file in the front office as they were maintained by Accounts Payable Clerk Mary Beth Burt. The general ledger journal entries were also noted in the discussion with Linda Tolley-Raffle from Chambers and Paterno and also referenced in Nitro City Council minutes (one example is the July 17, 2007 city council meeting - also mentioned in the audio to your right at point 40:00 regarding GL journal entries). All invoices and payables were also maintained in the front office. The schedules for capital assets and depreciation were also on file in the treasurers office. Because once financial records had been subpoenad by former treasurer Ralph Allison those records were then on file in city hall. They were updated and maintained as is required.What needs to be noted when I took over in Nitro there was not even an accounting system in place. No accounting software. The general ledger was being maintained on an old DOS system. The city did have an old program to also track and pay invoices. The municipal service was also maintained once brought back in house on an old DOS program. Things were done by hand an manually. John Young was updated with new software in 2008. Which the city had desperately needed for years. John Young also benefited from the fact that elected officials had no choice but to fall in line. For example. The implementing of a procedure for cash receipts. One would think this was a no brainer. That when someone came in to city hall and paid cash that they would be issued a numbered receipt. this was a fight with the former Mayor Rusty Casto to implement. He felt it was too much work on the "girls" in the front office. It took almost three months to get this policy implemented. The Mayor was not happy and for a time he would go up and sit in the front office and take money and issue receipts just to show that he was not happy that the front office employee would have to do her job and issue cash receipts when cash was paid.

During my entire tenure with the City of Nitro there was a lack of leadership from the Mayors office. There were excellent members of council and the city recorder Rita Cox was fully engaged. But with no leadership and with the Mayor fighting any and all changes it was a difficult less than two years at best. This is where I think the impression was given that the former police chief was running the city. Because when the County Commission or anyone wanted anything they would call the Chief. It would then fall to the Chief to get the Mayor onboard and get things going. This was also noted in the audio to your right and brought up during the meeting with Linda Tolley-Raffle at point

The whole pointing to FY 2007 by Nitro Mayor Dave Casbolt and his flunkies like John Young is nothing more than a diversion from the current conversation about the misinformation and incorrect published records, the penalties assessed to John Young by the IRS for failing to properly report and file on behalf of the city over a multi year period. His penalties were $11,963 which he paid out of the cities account. This is unprecedented that a city would pay the fines/penalties of a CPA who failed to properly report and file the cities returns with the IRS. Either John Young should have paid those fines or the city should have gone after his bond for to recoup those monies paid.Since John Young and Dave Casebolt like to constantly point to that WV State Audit Report that stated they had no records to even complete an audit. Which we know is a lie due to the fact Chambers and Paterno had the records and the records were copied by the city upon me leaving the city. Let's look at John Young's first lie to the public and city officials. He published in the paper a deficit for FY 2008. Which included half a year where I was in charge. The deficit he published was over $400,000. He then published a new report in December for that same year and was still showing a deficit but a smaller one. However, we know from the FY 2009 audit that according to the WV State Auditors Office that John Young failed to report a carryforward or surplus if you will from FY 2008 to FY 2009 of more than $317,000, So how in the world did John Young publish first actual revenue and expenditures showing a deficit of more than $400,000 and then when he supposedly corrected himself to a lower deficit. When in fact there was more than $317,000 that was taken in that was not expended from FY 2008.

Now Mayor Casebolt and his crew are out in force on a trash site called "Topix". Here Nitro Mayor Dave Casebolt while he was on council outed himself and admitted that he posted under a username of RUMORKILLER. John Young was posting also using his own name. This trash site was a place the Casebolt supporters were in force with lies and innuendoes about people. They used this site for more than 4 years to trash the former Mayor and other officials in the city. It is that trash site that prompted me to put this information out today. Because Casebolt flunkies are out there under the fake user names making baseless allegations, spinning and deflecting from the actions taking place now of John Young and Dave Casebolt. I have encouraged those cowards to come to the City of Nitro facebook page and use their own name if they stand behind their anonymous posts. But like all COWARDS they will skulk in the shadows and never publicly stand by the comments. Because they know them to be untrue. But as most of the low life elected officials in Nitro believe. Perception is everything and it doesn't matter if it is true. We just need to get people to believe it and the FACTS be damned.

So as for the FY 2007/2008 Records - based on the audio from the Chambers and Paterno meeting along with council minutes we know the records existed. Again, they were even copied for me and provided in November of 2007. So if the records were missing when the WV State Auditors came down to audit FY 2007/2008 someone needs to ask John Young - "Just what did you do with those records sir?"The full Final Report from Chambers and Paterno is below. Read for yourself. If you took your information from John Young or anyone without having the facts for yourself you might not know the truth.Chambers and Paterno stated they noted the city would finish FY 2008 with a deficit of $200,000. John Young said $300,000. But we know now from hind site that the cash flow problem was as I said all along and a temporary cash flow problem that would resolve itself by March/April of 2008. We know it did now from the WV State Auditors themselves since they noted a FY 2008 carryover that John Young failed to notify council of for FY 2009 of more than $317,000.

Now I can understand why she would not want people to visit the site. As more and more people become aware of the actions of the elected and appointed officials in Nitro they are becoming more increasingly alarmed.Most recently Councilwoman Laurie Elkins husband has become what one can only say is an embarrassment to the Nitro Fire Department. For a Chief to bring bogus charges against a veteran fire fighter who had been declared no longer physically fit to be a fire fighter in order to interfere with the fire fighter getting his pension is just unthinkable. But this is exactly what Councilwoman Elkins husband Jeff has done. Listen for yourself to the hearing board audio. Chief Elkins clearly demonstrate he is not fit to lead and should have charges brought against him for conduct unbecoming by the Mayor.

If I were Councilwoman Elkins I would not want anyone to hear my husband make a fool of himself. I would not want people to think that my husband carried such a personal grudge that he would use his newly acquired power over someone with whom he had a longstanding feud to interfere with the pension and benefits of a fellow fire fighter.Perhaps she like Mayor Casebolt should look at themselves and in their own house when talking about what is wrong in Nitro.She need look no further than her husband who actually voted No when the formal vote was taken to give the prior Chief his pension. The vote was just a formality but Chief Elkins voted No. This one vote really says all one needs to know about the maturity and character of a man named Jeff Elkins.

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Mayor Dave Casebolt Denounces cityofnitro.com as "Propaganda"

By: Tifney Franks Friday February 21, 2014Nitro, W. Va. - Nitro Mayor Dave Casebolt took to his Facebook page to denounce this website along with the new Facebook webpage for the site. He posted the following yesterday:CityofNitro Dave CaseboltYesterday · EditedI feel that I must inform everyone that you may be sent a request to become friends on a Facebook page that goes by the name City of Nitro. It has a City Council picture and appears to be affiliated with the City. This is a site that Ms. Tifney Terry (its ironic that she wont put her name on the site) has established to spread what I consider her "propaganda" against the City. I have said many times on this site that if you have questions about ANYTHING to do with City business, ask me and I will do my best to answer the question. Because an individual with a agenda, not just against me, but against any progressive action within the City writes something, that does not mean it is true, no matter how well it is written. When the WVU Extension Service was presenting their finalized economic plan for the City, they said our number one problem was the way Ms. Terry's CityofNitro.com site reflects the City negatively to outsiders. But unfortunately there is nothing I can do about it. So I apologize to everyone that because I was elected Mayor, that the City must go through these type of things, but it is what it is. I am not leaving and bullying tactics are certainly not going to work. I have 2-1/2 years to accomplish what I said I would do and at that point City Council and I will be evaluated by the citizens of Nitro. We either got it done or we didn't . But there is something very important that everyone must understand, there will always be those who will go to any level to undermine or completely stop any progression of the City and it is my job to see that progression does not stop. I have for several weeks been informing citizens that Nitro has never been in a better position to move forward. Within the next few weeks I will be presenting completed plans for many upgrades in our community with their estimated cost, it will then become essential that all citizens involve themselves in the debate on how we are to move forward with these projects. **** End of Post ****As Mayor Casebolt has blocked me from his Facebook page I am unable to respond to his post. I will be placing my response on the City of Nitro Facebook page as well as cityofnitro.com. My response is below:

I was surprised to hear about the comments by Mayor Casebolt about me on his Facebook page. He made many false statements in his post.

First I have not sent any requests to anyone other than friends on my own Facebook page. I do appreciate however, the Mayor making everyone aware of not only the website but the Facebook page.

Neither this page nor www.cityofnitro.com put themselves out to be an official site for the city. The Mayor stated, "its ironic that she won't put her name on the site) I am not the only person involved in the website or this page. My personal Facebook page is referenced as it is on this post and on www.cityofnitro.com.

The Mayor stated I established both this page and the website to as he said, "spread what I consider her propaganda against the city" I challenge the Mayor to point to any "propaganda". The putting out of facts that the elected officials and local news media refuse to bring forward is not spreading propaganda. If not for www.cityofnitro.com no one in the community would have ever known about Captain Mark Jarrett and the attempt by Mayor Casebolt and new Fire Chief Jeff Elkins to strip this man of his pension. The public would have never known about the fine assessed to John Young by the IRS for failing to properly file and report on behalf of the city or that he used city funds to pay his fine. Never has a client paid the fines/penalties assessed due to a CPA’s negligence.

I am an individual with no agenda against Dave Casebolt. He is just an elected official. Elected officials come and they go. I was at the swearing in of Dave Casebolt. I spoke at that time and said the city had needed a new mayor for a long time. That with his election to office he had an opportunity to move things forward. I wished him the best to work to move Nitro forward. However, since taking office he has not lived up to his rhetoric before the election. He has shown himself to be just more of the same elected official Nitro has always known. People can read the information on www.cityofnitro.com and the City of Nitro Facebook community page and decide for themselves.

The Mayor stated that just because something is well written doesn’t mean it is true. I challenge Mayor Casebolt to point out one thing on either the www.cityofnitro.com page or the City of Nitro Facebook community page that is not true.

The Mayor stated that www.cityofnitro.com was the cities number one problem. Due to the way it reflected negatively to outsiders. WOW – since when does putting out the actions, documents and audio of those in charge put the person who is putting it out accountable for the negativity? If the Mayor feels the information on www.cityofnitro.com makes the city look bad then perhaps he should look in the mirror and have a long conversation with himself about his actions. Perhaps he should call in his department heads and tell them that they will not be allowed under his administration to abuse their positions to carry out personal grudges against individuals in their departments. Perhaps he should call in his treasurer and say the city is not going to be responsible for your errors as a CPA and you need to either refund the city the $11,963 paid to the IRS for your penalties or turn it in against his bond. Perhaps he should have a talk with his employer at River Valley Properties and tell them that it is not appropriate for them to be bidding junk to the city when equipment is being placed for bid – then go back to the mirror and tell himself it is wrong to always accept his boss’s bids. And then say maybe it is not the best thing to have all organizations in the city tied to his employer. The Mayor said on his Facebook page, “So I apologize to everyone that because I was elected Mayor, that the City must go through these types of things, but it is what it is.” Really Mayor, you were the one before you were elected to council signing petitions to remove other elected officials from office. That petition was thrown out of court. Remember that Mayor? You and your wife were the second and third signatures on the petition to remove the former Mayor and members of council from office. The city had to go through that Mayor. Didn’t hear you calling out Karen Fritz for lying to the public now did we Mayor. You for four years while on council did everything in your power to draw attention to the city via the news media. You allowed misinformation and lies about people to fill the pages of the WV Gazette and its poison pen writer Rusty Marks. In fact it was Rusty Marks that said he was constantly getting calls from your group of people Mayor. Jim McKay, Craig Matthews, John Young and yourself Mayor, funny none of your names were ever mentioned in those articles were they Mayor? But that is local small town politics isn’t it Mayor. That is the response you get from members of council but that is not how it is in other cities Mayor. Other cities have elected officials that don’t try to personally destroy others just so they can get elected to office. Nitro is a great little city that deserves much better than it has had and what it is getting from its elected officials. The Mayor went on and stated, “I am not leaving and bullying tactics are certainly not going to work.” Really Mayor bullying tactics, it is bullying in your mind to let the public see the documents and hear the audio and inform them of what is going on in the city. That is bullying? Mayor you obviously don’t understand the term or you have just been bullying people for so long that you think your way of doing things is normal. Bullying Mayor is when a citizen is in city hall to pick up financial records and the Mayor of the city comes by holding a piece of paper and says, “I think this is yours.” Then drops what appears to be an old Nitro Sanitary Board Bill on them (doesn’t hand it to them – drops it on them). You did this to me Mayor. The problem is the phony bill you had doctored up was not thought out to well. It was for an address that was my first address in Nitro. Mayor I had moved while living in Nitro and the old address bill was paid before moving to the new location. When I moved away from Nitro I went in and paid my bill in person. The check notation stated final bill. That payment was confirmed being received and posted by the Sanitary Board. Your actions Mayor were what one could call bullying and an attempt to intimidate. But you didn’t really know me back then did you Mayor. To think I would be coward by a man acting a fool. Another attempt by you to bully and intimidate me Mayor was in the city recorder’s office. Remember Mayor when we were talking about unauthorized expenditures of city money and how the person expending those funds could be personally liable. You said that you were considering pushing for charges for my expenditures. You had the city recorder Rita Cox, whip out a copy of an old check for I think about $15,000.00. This was for the cities purchase of Christmas lights. You said this money was unauthorized as the city minutes showed the payment was not to come from city funds but the check was written on a city account. And I could be facing charges and would potentially have to pay that money back. Remember what I told you Mayor. I told you to go ahead and embarrass yourself. Of course it was written on a city check. The donations that came in for the Christmas lights were deposited into the City Parks and Recreation Account. Mayor, that is two examples of bullying tactics. The kicker in the Mayors post was when he said, “…there will always be those who will go to any level to undermine or completely stop any progression of the City and it is my job to see that progression does not stop.” Really Mayor, I could not believe you would have the nerve to make such a statement. You should know about the low levels people will go to undermine or completely stop any progression. That was your main goal and actions for the five years prior to you taking office as Mayor. There was no low you would go. I hope it was worth it to you in the long run Dave. Because those that know what you have done the actions you have taken to try and personally destroy others to advance yourself know the truth. People on Facebook who were not directly involved may never know the low you have gone Dave to be their Mayor. But I will not sit by and allow your actions to go unchallenged. Again, I challenge you Mayor to let your Facebook page friends know anything that is untrue on either the www.cityofnitro.com or City of Nitro Facebook page.

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Is Johnnie E. Brown Milking Nitro For Every Possible Billable Hour?

February 19, 2014 Nitro, W. Va. - At the Nitro City Council meeting Tuesday an issue was raised to pay the legal fees of Nitro Fire Captain Mark Jarrett. Those who read cityofnitro.com will know this is the fire fighter whose doctor said as of May 2013 Captain Jarrett was no longer physically fit to be a fire fighter. Once the physical was completed this meant Captain Jarrett could no longer report to duty as a fire fighter in Nitro. After more than 18 years of service he turned in his paperwork for his retirement due to disability. Keep in mind this was in May of 2013. Long story short here - you can read much more below on this page. Chief Elkins who has a documented long standing personal grudge against Jarrett was now Chief and he just had to try and stick it to Jarrett. Having the Nitro Fire Pension Board drag its feet on processing his paperwork to the state. This paperwork would trigger the second physical examination under state law. As Jarrett has to have a confirmation from a state physician of his physicians diagnosis that he is no longer physically fit to be a fire fighter. The state doctor agreed with Jarretts doctor. Then in August 2013 Chief Elkins filed formal charges against Jarrett for abuse of sick leave. The dates for this abuse of sick leave was dated July 2013. You read that right. July 2013 more than 2 months after Jarrett had not one but doctors agree that he was no longer physically capable of being a fire fighter. Thus he could not report for duty. In the real world of common sense Chief Elkins would have stepped up and been a man and let it go. But no. Based on Chief Elkins unsubstantiated allegations Jarrett had been denied his pension, insurance cancelled by the city. He had to hire an attorney.During the Hearing (which you can hear below) Jarretts attorney was able to show this whole charge of abuse of sick time was ridiculous. For how can a man abuse sick time when he has been diagnosed by 1 and then another doctor physically incapable of being a fire fighter. At the council meeting it was clear that even Mayor Casebolt knew the handwriting is on the wall and with the precedent set by the city in paying another fire fighters legal fees the city will have no choice but to pay in this case.But hold on. Before any vote could be taken city attorney Johnnie Brown interjected and said that there was another step required before the city could vote to pay Jarretts legal fees. Really Mr. Brown. You are saying that the city can not in good faith end the legal battle draft a letter and offer to pay the legal fees of Captain Jarrett. Perhaps Mr. Brown just wants to keep racking up those billable hours. After all the city is being represented in this matter by Jill Harlan. An attorney who just happens to be racking up billable hours for none other than the law firm of PULLIN, FOWLER, FLANAGAN, BROWN AND POE. What is it Johnnie? Are you not milking the city enough already?The city has every right to end and seek to end litigation with an employee or former employee if they so choose. They don't have to wait until the other side files yet another motion in Circuit Court.cityofnitro.com does not know what is worse the comments by Mr. Brown or the lack of any follow up from any member of council. One in particular being John Montgomery. This man was an attorney and should have known Brown is full of crap.This was not the only issue in which left one asking if Mr. Brown really has read the history of the city paying the other fire fighters legal fees or if he was just relying on information told to him by city officials. Mr. Brown said that the other situation where the city voted to pay the legal fees for the other fire fighter was a different situation. He went further to say the other fire fighter was completely exonerated. Mr. Brown it may surprise you but let cityofnitro.com be the first to tell you that you are WRONG sir. A.J. Shinn was the fire fighter involved. He was suspended for 2 days for repeatedly reporting late for duty. Shinn refused to serve the suspension option to take the matter to a board of his peers. That board of peers voted to terminate his employment with the city. After a further appeal Shinn did receive his job back but he had to serve the 2 day suspension before he could return to work. So if Shinn had manned up and taken responsibility for his own actions and served his 2 day suspension the matter would not have escalated any further. So sir, he was not totally exonerated. He had to serve his original suspension before he could return to work.Jarrett on the other hand was advised he would have to pay back a sick day to the city. A sick day taken on July 1, 2013. A day that not Jarrett but Chief Elkins and Personnel Director Mary Beth Burt arbitrarily changed from a requested Vacation day to a Sick day. This was testified to in the hearing and confirmed by both Burt and Elkins. Again, keep in mind Jarrett had been declared physically unfit to perform the duties of a fire fighter in May of 2013. This day he was told to pay back was in July. The paperwork submitted by Jarrett to the city was that he wanted July 1, 2013 to be put down as a Vacation day. Elkins was responsible along w/ Burt in the changing of that day to a Sick day. Elkins and Burt also went on to say that only July 1 was used as a sick day the other days after that were all Vacation until his Vacation ran out and then they were using his sick days. None of this using of days would have even been required if not for the actions of Elkins and the city. As his disability pension paperwork would have already been processed.So you are right Mr. Brown in the respect the situations were different. Shinn was a man repeatedly reporting late for duty and suspended - since he didn't want to man up and accept the consequences of his actions he wanted to fight the suspension. In the end he had to serve the suspension because he was reporting late for duty. We now know in addition to reporting late for duty he was and continues to sleep through calls. Shinn should have been responsible for his own legal fees as he caused his own suspension by reporting late for duty and he escalated the situation when he refused to serve his suspension.Jarrett on the other hand was advised by a doctor that due to the injury he had sustained while on the job with Nitro was now affecting him to the point he could no longer be declared physically fit to be a fire fighter. Again, this was in May 2013. The sick day in issue was not even put in for by Jarrett - he asked for his vacation to be used. It was Elkins and Burt who arbitrarily changed the day from vacation to sick (testified to by both). The day in issue was July 1, 2013. Anyone with common sense and not a personal axe to grind would have allowed his paperwork to go through and let this man retire with some dignity. But not Chief Elkins and the City of Nitro. The city should not only pay his legal fees but offer a public apology to this man for dragging this out. For denying him pay since September 2013. For cancelling his health insurance.The fact Dave Casebolt is ready to just pay the legal fees and move on is telling. Especially since he was involved in bringing the bogus charge against Jarrett. cityofnitro.com would like to encourage Mayor Casebolt to do the right thing and at the next Nitro council meeting ask for a vote and then instruct your attorney to end this matter. To send a letter to Jarrett's attorney asking if the city agrees to pay legal fees to this point and will not seek the repayment of the sick day used in July when his doctor in May said he was no longer physical capable of performing the duties of a fire fighter can they put this matter to rest. After all a man who gives 18 years of service and is injured during that time frame, an injury that ultimately led to his being declared physically incapable of being a fire fighter deserves to be given a commendation and not brought up on bogus charges for abusing a sick day for a day when he could not due to medical reasons even report for duty. RIDICULOUS and only in Nitro.Mayor Casebolt you need to remind Mr. Brown that he works for the city and not the other way around. Jarrett's legal fees are already over $10,000, how much has PULLIN, FOWLER, FLANAGAN BROWN AND POE billed the city for Jill Harlan's and ole Johnnie's firm for her services in this matter?

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Jarrett Finally Receives Pension / Legal Fees Now in Issue

February 16, 2014 Nitro, W. Va. - Nitro Fire Captain Mark Jarrett had his first disability pension check cut after more than 9 months after his primary physician had stated that Jarrett was medically no longer physically fit to perform the duties of a fire fighter.It was when Jarrett submitted his paperwork for his disability pension that new Nitro Fire Chief Jeff Elkins took action to block Jarrett from receiving the pension he had earned after more than 18 years of service. Jarrett who received the injury that finally led to his inability to be a fire fighter on the job in Nitro had never received anything but commendations. That was until Jeff Elkins was named the new Fire Chief replacing retired Chief Ernie Hedrick. Elkins had personal issues with Jarrett back to when former Chief Hedrick named Jarrett and not Elkins ex-officio of the Nitro Fire Department. Elkins felt he should have been given that position. It needs to be noted Jarrett is not the first pension in which Elkins tried to keep from a fire fighter who had earned it. Elkins voted No, when the Nitro Pension Board had to formally vote to give retiring Chief Ernie Hedrick his pension. A pension that was earned after more than 30 years of service to the Nitro Fire Department.Jarrett's first pension check was for an incorrect amount but after some back and forth the pension board corrected their error. Jarrett has had to endure being brought up on false charges by Chief Jeff Elkins. After the evidence which came out during the Hearing Board (audio you can hear on cityofnitro.com - by scrolling down) it is Elkins who should be brought up on charges and dismissed from his position as Chief. Mayor Casebolt has taken no action in this matter to reprimand or address the conduct of Chief Elkins. In fact during the hearing Chief Elkins stated that he had discussed this matter with Mayor Casebolt. Was Mayor Casebolt complicit in the attack on a disabled fire fighter?Now Jarrett is looking to have his attorneys fees paid. Attorneys fees that he never would have incurred but for the malicious and vindictive actions of Chief Jeff Elkins. The city taxpayers should pay these attorneys fees. The city and more specifically Dave Casebolt have set a precedent on this matter. It was only about three years ago that then Councilman Dave Casebolt voted to pay the attorney fees of Nitro fire fighter A.J. Shinn. Shinn who had worked part time as a real estate agent with River Valley Properties and Dave Casebolt. Shinn incurred attorneys fees after refusing to serve a 2 day suspension handed down to him by former Chief Ernie Hedrick. Hedrick had to suspend Shinn for his repeated reporting late for duty. Shinn appealed the suspension to a board of his peers. That board of peers voted to terminate Shinn's employment with the city. Shinn then obtained council and appealed to get his job back. He was given his job back but Shinn had to serve the original 2 day suspension handed down by Chief Hedrick before he could return to active duty.Casebolt voted to pay the fees in a situation where a fire fighter refused to take the punishment for his own actions. It was his inability to take responsibility for his actions that led to his incurring attorney fees. If he had just served the 2 day suspension then no further action and no attorney fees would have ever been incurred. Jarrett had never been written up for anything in his tenure with the city as a fire fighter. Unlike Shinn his record was clear. So attorney fees should be a no brainer. This matter is on the agenda for the next Nitro City Council meeting scheduled for Tuesday February 18th. Nitro Mayor Dave Casebolt has an executive session on the agenda to discuss the paying of Jarrett's legal fees. It will be interesting to hear Casebolt on this matter. check back for updates and audio of the meeting and the vote.

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Susan Graves Appointed to Audit Procurement Committee Without Full Disclosure of Her Associations and Personal Financial Interests

February 15, 2014 Nitro, W. Va. - It never ceases to amaze cityofnitro.com the lengths the current administration in Nitro will go to mislead the members of the public. The City of Nitro has been notified by the West Virginia State Auditors Office / Chief Inspectors Division that they will be required to procure audit services for the following subdivisions of the city in addition to the city itself: Nitro Development Authority, Nitro Library Board, Nitro Regional Waste Water Utility.The city and the cities entities were added to the List of Entities Available for Audit by CPA Firms by the Chief Inspectors Division Friday, November 15, 2013.Since being notified the city was required to create a formal audit committee. The audit committee's primary responsibility is to procure audit services and oversee corrective action associated with audit findings and concerns. The committee shall have at least three members but not more than five with at least one member from the entity's governing body and one member being an entity appointee with a working knowledge of the accounting system utilized. The remaining one to three members may be appointed by the entity body as deemed appropriate. The Chief Inspector Division strongly recommends that the third required member be a citizen of the government that is knowledgeable in the fields of accounting and auditing.At the most recent Nitro City Council Meeting City Recorder Rita Cox moved the Mayors appointees for the audit procurement committee be confirmed. Mayor Dave Casebolt is the appointee from the governing body, City Treasurer John Young is the entity appointee, the third and final appointee as stated by Recorder Cox was CPA/Nitro Citizen Susan Graves. Now Susan Graves is a citizen of Nitro. However, Recorder Cox did not advise all members of council and the public that Susan Graves is also the Nitro Development Authority treasurer and has recently merged her accounting practice with that of Nitro Treasurer John Young. John Young and Susan Graves now have a primary financial connection to protect. So once again there is no representation from the public as strongly recommended by the Chief Inspector Division. How impartial can the appointee on behalf of the community be when she is the treasurer who will be audited for one of the entities as well as having a personal financial interest in the reputation of John Young. There is a reason there is a strong recommendation for a citizen/member of the public to be on the committee. This is so there is a voice outside the government entities to speak on behalf of the public. However, in Nitro the lines are so blurred as to be scary. Mayor Casebolt who complained to anyone who would listen for four years that all things in Nitro were being centralized and run by a few has taken it to an all new incestuous level.

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Elkins Demonstrates He Is Not Fit To Lead During Questioning

January 23, 2014 Nitro, W. Va. - cityofnitro.com has to the right the full audio from the Nitro Fire Hearing Board.Nitro Fire Chief Jeff Elkins has shown his true colors. What kind of man with nothing more than a personal grudge will try and take the pension of a 16 year veteran fire fighter? Well know we know, that man is Jeff Elkins.Every taxpayer in Nitro needs to listen to the audio of this hearing. To listen to the ineptness not only of Chief Elkins, you have attorney representing the city Jill Harlan and Personnel Director Mary Beth Burt. cityofnitro.com can only wonder how much money Nitro City Attorney Johnnie Browns law firm is making off the city. Jill Harlan is an attorney in Browns' firm - Pullin, Fowler, Flanagan, Brown & Poe. Chief Elkins could not escape the facts. FACT: Captain Jarrett submitted his paperwork for his Disability Pension in May, 2013. FACT: His doctor stated he was no longer physically fit to meet the standards of a fire fighter. FACT: Chief Elkins had the Nitro Pension Board dragging its feet processing the paperwork for Jarretts disability. FACT: The State Municipal Pension Board sent Jarrett to another doctor to get a confirming diagnosis. The doctor concurred with Jarretts primary physician. Stating Jarrett was no longer physically fit to meet the standard of fitness for a fire fighter. Again, there was a delay in the paperwork moving back to the city pension board. FACT: The day in question by Chief Elkins was July 1, 2013. A day he saw Jarrett in his second employers vehicle working. FACT: Chief Elkins had already been provided back in June medical documentation to state that he is not physically fit for duty as a fire fighter but that would not preclude him from working a less physical job. FACT: Jarrett submitted paperwork to the city for July 1, 2013 to be listed as a vacation day. FACT: Chief Elkins, Mary Beth Burt and the cities legal counsel made the decision (after the fact) to put down July 1, 2013 as a Sick day and not Vacation day. FACT: All days taken from after July 1, 2013 through August were taken as Vacation Days and then after his Vacation days were gone started using Jarretts unused sick time. FACT: This whole time the Nitro Pension Board held up the vote on his pension due to the BOGUS charges filed against him by Chief Elkins. It was this delay that made the use of any vacation/sick time necessary. FACT: The city stopped paying Jarrett in September of 2013. FACT: The city cancelled his insurance in September 2013. FACT: Chief Elkins did not even bring the charges for this so called abuse of sick time until August 2013. More than 2 1/2 months after the alleged incident. FACT: Chief Elkins is not fit to lead. How can he garner any respect from anyone in his command? He was a total disgrace in the hearing against Jarrett.

Chief Elkins said in response to whether or not he liked Mark Jarrett with a response after stammering around, "I like Mark Jarrett". Every fire fighter in that room knows the history and the animous that exists between Elkins and Jarrett. Elkins has had a personal issue with Jarrett ever since the last Chief named Jarrett XO of the department over Elkins. After Elkins conduct since becoming Chief the former Chief made the right choice.Elkins also has an issue that Jarrett investigated his friend in the department A.J. Shinn and his repeated lateness in reporting for duty. Attorney for the city Jill Harlan stated that Chief Elkins needed to take this action to set a precedent in the department that violations of the cities sick leave policy will not be tolerated in the fire department. And that no person using sick leave can be paid by an outside employer for work on the same day.Interesting that Chief Elkins would pick Jarrett to make his example. Jarrett a man with no disciplinary issues in 16 years in the department. However, Chief Elkins does have a perfect example of someone to bring up on these types of charges. Captain A.J. Shinn has been shown to be working his side job not while on sick leave but while on duty for the city. He receives faxes from his employer Lowes directly to the Nitro Fire Department. He uses city equipment and resources for his second job. Shinn has also called in and actually used sick days for days when he was clearly not sick. He didn't even pretend. Would just say he didn't have a babysitter. Shinn who since Elkins has taken over as Chief has slept through at least two calls. This is known all the way up to the Mayor and no action has been taken against Shinn. One should ask themselves why?A timeline of highlights on the audio to come. Check back for upates.

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Has Chief Elkins Lost All Credibility After Testimony in Hearing?

January 21, 2014 Nitro, W. Va. - A hearing board met to hear testimony in the charges leveled against veteran Nitro Fire Captain Mark Jarrett.The readers digest version of the charges leveled against Captain Jarrett that was the main focus of Chief Elkins testimony involves a sick day taken on July 1, 2013. One needs to keep in mind that in May of 2013 Captain Jarrett turned in his paperwork to the Nitro Pension Board and Chief Elkins that he would be seeking his Retirement/Pension Disability from the Nitro Fire Department after his physician stated he was no longer physically fit to perform the duties of a fire fighter.Captain Jarrett even according to Chief Elkins own testimony did not request a sick day on July 1, 2013 - in fact the city completed that portion of his time sheet.Chief Elkins is either slow or a little thick if he doesn't understand that a man being put of on medical leave pending the processing of his paperwork is not the same as a man calling in for use of a single sick day. Chief Elkins stated that what prompted the charges against Captain Jarrett was the fact that on July 1, 2013 he knew Captain Jarrett was not at home and that he was actually working a job for a second employer. Again, keep in mind that a physician has already stated that Captain Jarrett was not physically fit to be a fire fighter but was physically able to keep is second job as a driver for a private company. Chief Elkins seems to have an issue with this fact. cityofnitro.com is not sure where Chief Elkins obtained his medical training or knowledge but he is clearly wrong.There would be no expectation that Captain Jarrett be home and not venture out because of a Nitro Fire Department sick leave policy that states a fire fighter who calls in sick must be home. Chief Elkins even admitted in his own testimony that he had in his possession and knowledge of the following facts:

May 2013 Captain Jarrett submitted paper work which included medical documentation to the fact he was determined physically incapable of performing the duties of being a fire fighter.

(PLEASE NOTE THE TESTIMONY OF CHIEF ELKINS IS TWO HOURS - THE FIRST AUDIO PUT UP ONLY HAD HALF / THIS HAS BEEN CORRECTED IN THE ABOVE)June 2013 Captain Jarrett submitted upon request by Chief Elkins another notice from his primary physicians office to show that while he is physically unfit for duty as a fire fighter that did not preclude him from working his second job as a truck driver.July 2013 The State Pension Boards doctor agreed with Captain Jarrett's primary doctor that he was no longer physically able to perform the duties of a fire fighter due to the deterioration of his knee (an injury he received while on duty as a Nitro fire fighter more than 5 years ago).Chief Elkins did not bring these charges and initiate any investigation until August of 2013. One can only ask why. It is common knowledge within the Nitro Fire Department that Chief Elkins has had a longstanding personal grudge against Captain Jarrett. Any objective person looking at the facts and circumstances showing the lengths Chief Elkins and Mayor Casebolt (Chief Elkins clearly stated the charges were brought in consultation with Mayor Casebolt).cityofnitro.com asks you to listen to Chief Elkins testimony and make you own opinion. Just keep in mind the timeline of events.check back for updates as cityofnitro.com will be bringin the full audio from the hearing for you to hear.

January 21, 2014 Nitro, W. Va. - A hearing board met today to hear the matter involving Nitro Fire Captain Mark Jarrett. Chief Jeff Elkins along with Nitro Mayor Dave Casebolt were attempting to deny this veteran fire fighter his pension. The hearing board today was quite the display of lies and backpeddling from Chief Elkins. cityofnitro.com will be bringing you the audio from todays hearing. Check back for udpates.

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Casebolt's Corner? Really Mayor?

December 17, 2013 Nitro, W. Va. - cityofnitro.com could not believe its eyes when it saw this sign on the old Moody property next to city hall. It was an outrage when Mayor Casebolt facilitated a deal to spend $100,000 of taxpayer money for that lot. He has gone even further by allowing this sign to be placed on the property.cityofnitro.com has learned that Nitro Treasurer John Young purchased the sign to place on the lot. Was this paid for by city dollars? This is a legitimate question in light of the fact John Young used city money to pay his IRS Penalties. Is this type of thing payback for Mayor Casebolt not demanding Young repay the city for the $11,963 paid to the IRS on behalf of John Young?Hey John Young and Mayor Casebolt. This is not YOUR corner this is the TAXPAYERS corner. For this sign to be placed is a slap in the face.cityofnitro.com has just learned that the sign has been removed from the property. By who is not known as of now but we will be finding out. check back for updates.

City Still Fails to Produce Financial Records

December 17, 2013 Nitro, W. Va. - The city received a Freedom of Information Act Request on November 7, 2013 to produce the supporting documentation to back up the published financial information treasurer John Young provided to council in an open council meeting.To date the city treasurer has failed to produce the documents to support his financial information. In fact cityofnitro.com contributor Tifney Franks received an email from city recorder Rita Cox on behalf of John Young - the email is below:Rita Cox Dec 9 (8 days ago)to me December 9, 2013On behalf of John Young I want to ask how you derived the number $1,001,694 on this FOIA request.Rita CoxAs you can see the email from Rita Cox was December 9th. Again, the original request for the documentation was November 11th. cityofnitro.com contributor Tifney Franks responded with the following:Tifney Terry-Franks <tifney11@gmail.com> Dec 9 (8 days ago)to Rita Rita, You can forward the following to John Young: John, the figuire of 1,001,694 was on the financial report you provided to council as the fund balance carryforward for FY 2013. This information has already been provided more than once in an attempt to get the supporting documentation which was requested in my original FOIA request. Thank You, Tifney FranksAnd still nothing from the city. If this was the only questionable financial information by John Young there may not be an issue. But this seems to be a growing problem with Young. At a recent city council meeting John Young advised council that he had overpaid into the cities police and fire pensions. A total of 5 overpayments totalling more than 150,000. However, the financial records do not reflect the statement by Young. The city has received a Freedom of Information Act Request for the records reflecting the 5 overpyaments. To date the city can not support that statement made by Young.cityofnitro.com will not let these things go. Check back for updates.

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John Young Fails to Produce Supporting Documentation

November 19, 2013 Nitro, W. Va. - Nitro Treasurer John Young provided financial records to the members of Nitro City Council for Fiscal Year 2013. These final numbers presented reflected a Fund Balance Carryforward in to 2013 of $1,001,694. This was interesting to cityofnitro.com as in 2012 when John Young stated the city had a million dollar surplus every elected official rejected that information and even John Young back peddled in council when asked about the money.This prompted cityofnitro.com to submit a Freedom of Information Act Request (FOIA) to obtain the cities bank records to support the $1,001,694 noted by Young. The following FOIA was submitted by cityofnitro.com contributor Tifney Franks on October 31, 2013:Tifney Terry-Franks <tifney11@gmail.com> Oct 31to Rita, John, dcasebolt Rita,

1. City of Nitro Bank Statements to support the $1,001,694 Fund Balance Carryforward reflected on the City of Nitro FY Current Income Statement for the Twelve Months Ending June 30, 2013 which was printed on 09/17/2013 at 9:31 a.m. and presented to Nitro City Council. Since the carryforward was carried from FY 2012 to 2013 based on the financials provided to council and the public the bank statements for June should show an ending balance and the July statements should show a beginning balance to support the $1,001,694 reported as a carryforward.I also have a question. I am not sure how the city could report a carryforward in to 2013 when the 2012 financials (Income Statement - actual revenues and actual expenditures) published show Total Revenues of 6,483,324 and Total Expenses of $7,198,638. Now I realize John included $443,332 of OPEB in the city hall expenditures which would have been incorrect as no money was ever expended for OPEB and should have only been booked as a liability on the balance sheet. But that still had the city at a deficit for 2012. So how could the city have a deficit for Fiscal Year ending 2012 and a carryforward in to Fiscal Year 2013? Just curious how John Young explained this fact. I realize the city is not required to answer questions in a FOIA - I thought I would still ask as I believe the city has an obligation to reconcile the conflicting information published and provided to the public.

Rita, if you recall you and Mayor Casebolt were very upset with me in 2012 when I was in city hall asking about the 1.2 million dollar carryover John Young noted when he advised council of the deficit for FY 2012. He said in the open council meeting the city finished 2012 with a deficit of $333,661 but that it was ok because the city had a 1.2 million dollar carryover. You and the Mayor both were dumbfounded and said the city had no money. You even said if I could find it to please tell you because the city needed the money. Ask yourself Rita, where did the $1,001,694 come from that John listed as a carryforward in to 2013? You can not have a carryforward if you do not have the money in the bank. That $1,001,694 was included in the actual budgeted revenue amount for 2013.

I will await your reply and the bank statements requested to support the $1,001,694 carryforward noted above via electronic communication to tifney11@gmail.com I am asking for the electronic communication as the city has the equipment and capability now to quickly scan and email documents.

If you have any question or need clarification on my request please advise.

Thank You,Tifney FranksCell: 513 505 6216The city produced Bank Statements for month ending June 30, 2012. However, the bank statements for ALL city accounts did not even equal the amount reflected by John Young as the carryforward to 2013. cityofnitro.com contributor Tifney Franks submitted the following reply to City Recorder Rita Cox:Tifney Terry-Franks <tifney11@gmail.com> Nov 7 (12 days ago)to Rita

Rita,

I appreciate your reply. I have to ask if there is another account held by the city because the balances of the accounts provided do not total the amount listed as the carryforward of 1,001,695. They total the following:

So even if you take the balance of all of the above accounts it is no where near the amount listed as a carryforward from FY 2012 to FY 2013.

Do you know if there is another account or has John given an explanation for the discrepancy.

Thanks,

Tifney FranksPhone: 513 505 6216To date cityofnitro.com contributor Tifney Franks has received no explanation for the discrepancy or any additional bank statements that may not have been provided under the initial request. As you can see the follow up questioning the discrepancy was sent to the city November 7, 2013 (12 days ago). It is disturbing that the city treasurer nor the city recorder can produce the documents to support the financials provided to council and the public by treasurer John Young. How long will it take to get the supporting documentation or an explanation as to the discrepancy? cityofnitro.com will be following up on this so be sure and check back for updates.

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Chuck Boggs Gets $10,000 and the City Gets a Broken Down Woodchipper

November 19, 2013 Nitro, W. Va. - cityofnitro.com has learned that the woodchipper recently purchased from Mayor Casebolts boss at River Valley Properties, Chuck Boggs has landed in the shop at Nitro Public Works after breaking down.City workers have confirmed the woodchipper has proven to be a lemon. This is not surprising to cityofnitro.com after finding out the 18 year old piece of equipment owned by Chuck Boggs was not even operational when brought to the city garage more than a month before the bid process took place. The city never had any intention of accepting or considering any other bids.At the time the bid by Boggs was accepted Mayor Casebolt stated in the open public meeting that the city could not afford the bid for the new woodchipper by West Virginia Tractor even though West Virignia Tractor offered the city a municipal lease purchase agreement. So the Mayors boss at River Valley Properies Chuck Boggs walks away with $10,000 and the city is left with nothing but a money pit.cityofnitro.com would like to thank not only Nitro Mayor Dave Casebolt for putting his boss first but would also like to congratulate the city council members who supported this ridiculous purchase. Perhaps the city can ask Chuck Boggs for the $10,000 back and then have John Young pay back the$11,963 in IRS penalties he paid (without authorization of council) and then do the responsible thing and go back to West Virginia Tractor and purchase the new woodchipper for $27,000.

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Nitro Mayor Condones the "Stalking" of City Employees by City Treasurer John Young

November 12, 2013 Nitro, W. Va. - cityofnitro.com has obtained disturbing information that Nitro Mayor Dave Casebolt does not feel that a city official following a city employee constitutes any violation of city policy and that no action will be taken by him against his appointee John Young.On May 28, 2013 Nitro Treasurer John Young was spotted by Lt. Casey Mathes parked across the street from his mothers house. This day Lt. Mathes stopped by to see his daughter for about 25 minutes while on duty. It needs to be noted that Lt. Mathes had been on duty for three (3) straight days so he stopped by his mothers house on his dinner break to see his then 2 year old daughter.John Young was parked across the street just watching the house. When Lt. Mathes left the house and started back to the station he alerted his commanding officer Captain Shawn Alderman that John Young was parked outside his mothers house when he stopped by to see his daughter. Lt. Mathes advised his Captain that as he drove past John Young that John Young was pointing to his watch. Lt. Mathes had a stop to make before getting back to the fire department and his commanding officer witnessed John Young then pull up in to the elementary school parking lot and park watching the fire department. John Young was paked there for some time before leaving.cityofnitro.com is very disturbed by the actions of John Young. By what authority is he following anyone within the city? He is the cities CPA after all. Perhaps if John Young had spent more time on his duties as a CPA he may not have been cited by the IRS for failing to properly file on behalf of the city and been assessed IRS penalties in the amount of $11,963. Penalties cityofnitro.com would like to add he paid out of the cities bank account. By what authority did he do this? As a contracted CPA for the city he would be responsible for his own penalties and should have turned it over to his bond or wrote a check personally. But back to the point of this piece.What is most disturbing about this whole matter is that Mayor Casebolt stated in his response to Lt. Mathes complaint was, "No City policy was violated by Mr. Young therefore no other action will be taken." Seriously Mayor. No city policy was violated. You really must read the cities employment provisions. Not only for the city, which would apply to John Young, but the Fire Department policies/rules and regulations. Because he obviously missed the section where HARASSMENT is not allowed and the city has an obligation and duty to ensure that no city employee is subjected to harassment or a hostile work environment. cityofnitro.com would have thought John Young as well as Mayor Casebolt would have learned after the city had to pay out more than $100,000 in the harassment suit filed against John Young by former city employee Sandy Saunders. cityofnitro.com would have thought the suit pending against several elected officials and John Young filed by the mother of Lt. Mathes would have kept the urges of John Young in check from continuing a blatant and systematic pattern of harassment. (there will be much more about this on cityofnitro.com in the coming months)Mayor Casebolt is sitting behind a "SO CALLED" investigation into the incident by the Nitro Police Department. cityofnitro.com has much respect for the department but on this matter they have totally dropped the ball. You can see below the Verification of Incident Report by the NPD. At the bottom you can see STATUS: cleared/unfounded. Really unfounded? With more than 6 witnesses and actual photographs. The fact John Young was parked across the street just watching the house for more than 15 minutes. Then continued to follow Lt. Mathes. Of course, the report by the NPD was done by Major Richardson. Perhaps this is the quality of investigation you get when you promote somone through the ranks in direct violation of civil service. Before he was Major Richardson he was Corp. Richardson. New Chief Brian Oxley promoted Richardson over every Sgt., Lt. and Capt. in the NPD. Which is/was a slap in the face to every officer of higher rank. cityofnitro.com learned that Oxley and Richardson however, had a personal relationship going back to when they worked together at West Virginia State College. Since Richardson had failed to rise through the ranks via civil service and testing this appointment to Major appears to be nothing more than a crony appointment based more on cronyism than qualification.While there may not have been anything criminal at this point in the actions of John Young as they relate to Lt. Mathes, Young has clearly crossed the line of harassment outlined in the cities employment provisions as well as the nitro fire policies/rules and regulations. So for the Mayor to take no action or to acknowledge the bizarre behaviour of John Young is seriously concerning as his actions have already cost the city more than $100,000 in the one lawsuit and cityofnitro.com fears the lawsuits under Casebolt will continue to be filed over the coming year. With just what John Young has cost the city in legal, settlement and penalties the city could have purchased outright a new garbage truck, a new woodchipper and still have more than $50,000 in the bank. It seems John Young is costing the city more than he is worth and the elected officials may want to initiate discussions with Mayor Casebolt to begin a search for a new CPA to take over. A CPA who is more concerned with the cities finances than harassing and following city employees.cityofnitro.com would like to note that Mayor Casebolt is on record stating that this incident is not isolated to just Lt. Mathes. Mayor Casebolt has stated John Young spends quite a bit of time following city employees. Audio to come. Check back for updates.

Please note Mayor Casebolt took five (5) months and eight (8) days to respond to Lt. Mathes formal complaint regarding the incident. Timely? cityofnitro.com does not think so.

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Public Works Director Fails to Stand Up for Employees

November 12, 2013 Nitro, W. Va. - cityofnitro.com has received information from an employee complaint regarding working conditions in Nitro Public Works. Since the city is down to two garbage trucks and one truck not working regularly the men in public works are now reduced to slinging trash into the back of a converted dump truck. The image below shows the conditions in which many in public works will now be subjected.cityofnitro.com is concerned as the ability for the men in public works who have to throw trash into the back of a converted dump truck is not safe. These men have to sling and throw these bags at times over their heads to get them to the back of the truck. Men in public works would like to see the public works director stand up for them with the city. The city is in and has been in desperate need for a new garbage truck. Treasurer John Young is now telling employees the city does not have the money for a new garbage truck. Nitro Mayor Dave Casebolt and the elected members of council need to realize that the city has to have things like garbage trucks and not spend 39,000 on garbage bags, 10,000 for the mayors boss 18 year old woodchipper, 11,963 on the cities contracted CPAs IRS Penalties, etc. and allocate the cities money accordingly.cityofnitro.com stands firmly behind the men in public works. They are underpaid and now the ones throwing out their arms, backs and risk having liquid from the garbage bags leak from the bags into their eyes trying to get trash in the homemade garbage truck. These men are being totally overlooked by the very elected and appointed officials charged to provide them a safe working environment.Since Mayor Casebolt unilaterally changed insurance carriers earlier this year the city has already seen an increase in their Workers Compensation Insurance. cityofnitro.com saw this coming a mile away, the ink was not even dry on the contract with Commercial Insurance Services (CIS) before they were already raising the rates. Wonder what the knowledge of this newly converted dump to garbage truck would do to workers compensation rates.cityofnitro.com would like to send a plea out to Nitro Public Works Director A.J. Hill to stand up for the men in your department. You need to go to council and speak out about what equipment your department truly needs and not rubber stamp purchases like a salvaged title flooded out bucket truck for 20,000 and an 18 year old woodchipper for 10,000. Both pieces of equipment from the mayors boss and his brother at River Valley Properties. Casebolt is stating that you said the city didn't need the new equipment and that you said the used equipment was the deal you would take. Really A.J. Hill? You have been the public works director for more than a decade and wages are flat and the working conditions are only getting worse. The people of Nitro would be behind you in fighting for better working conditions and that starts with the equipment your men need to do their jobs safely.

November 9, 2013 Nitro, W. Va. - cityofnitro.com has learned that Nitro Mayor Dave Casebolt has appointed the wife (Leslie Oxley) of Police Chief Brian Oxley to fill the spot left vacant on the Nitro Fire Civil Service Commision when Allen Weeks resigned this past week.This move does not surprise cityofnitro.com but many are questioning the move in light of the fact Casebolt along with Nitro Fire Chief Jeff Elkins are the city officials who initiated the "so called" investigation into Nitro Fire Captain Mark Jarrett. cityofnitro.com has learned that Casebolt and Elkins even used the Nitro Police Department to investigate Jarrett.The conflict of interest is clear to cityofnitro.com but appears lost on this latest crony appointment by Casebolt. The fact Oxley would even accept the position is also concerning to cityofnitro.com as she will have to abstain from even participating in the matter of Jarrett which has the potential to cost the taxpayers of Nitro dearly. Everyone who has looked at this matter on behalf of cityofnitro.com has said the actions taken by Elkins and Casebolt and their clear personal bias against Jarrett will end up hurting the city in the end. cityofnitro.com has heard audio that displays their personal bias and once released will diminish the credibility of both Elkins and Casebolt.Be sure and check back for updates. There will be more on this appointment in the coming days. Below is a copy of the letter Casebolt sent to the remaining two members of the Fire Civil Service Commission.

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Treasurer John Young Puts Out Contradictory Financial Reports

November 6, 2013 Nitro W. Va. - Nitro Treasurer John Young has some explaining to do about the financial reports he published for Fiscal Year (FY) 2012 and for FY 2013. Nitro Treasurer John Young advised Nitro City Council and the public that the city finished FY 2012 with a 333,661 deficit. This information is totally contradicted by the final financials provided for FY 2013. John Young provided to members of council the final financial report for FY 2013 which included a 1,001,694 Fund Balance Carryforward from FY 2012 to 2013. Interesting since cityofnitro.com contributor Tifney Franks questioned a 1.2 million dollar carryforward noted by John Young during a council meeting in 2012 after John Young advised council of the 333,661 deficit. Young stated, "its ok because the city had a 1.2 million dollar surplus." When challenged on that statement John Young, Mayor Casebolt, City Recorder Rita Cox and Councilwoman Laurie Elkins expressed outrage at Franks for raising the question and stated the city did not have 1.2 million dollars. Franks was even blocked from Nitro Mayor Dave Casebolt's facebook page for challenging Councilwoman Laurie Elkins on the surplus stated by Young. Elkins maintained the city did not have the funds but could not respond to the fact the the treasurer himself John Young stated the city had a 1.2 million dollar surplus.Franks was also challenged in city hall by Mayor Casebolt and City Recorder Rita Cox about this matter. When Franks went to discuss with the Mayor in his office the contradictory financial information provided by Young the mayor stated he was on top of the financials in Nitro. He even showed Franks a binder which contained financial information provided to him weekly by JohnYoung. Franks was expecting to see actual weekly updates on revenues and expenditures which would be reflected on a updated Income Statement but Casebolt showed weekly updated Balance Sheets. Franks advised the Mayor that weekly balance sheets were useless and did not give him an actual picture of the cities finances. Franks advised the mayor that monthly Income Statements were necessary for him and council to do their job and provide oversight. She went on to tell the mayor that the Income Statements they receive should be detailed line item by department. As Young only provided and still provides to this day a department total. Young also does not include a column for the actual city budget amount. It is the smoke and mirrors provided by Young and the inability of the elected members of council to know what to ask for and how to follow up with Young that leaves the city vulnerable.It was during this meeting with Mayor Casebolt that the mayor was challenged on an issue and wanted to go down to the city recorder Rita Cox office. After several minutes of trying to ask about the 1.2 million dollar surplus noted by John Young, mayor Casebolt and recorder Cox both stated the city didn't have the money. Casebolt even went on to say that if Franks could find the money to please let them know because they have no money. Cox concurred with the mayor in that the city had no money and there was no 1.2 million dollar surplus.

But with the recent publishing of the cities finances we now know Franks was right all along. cityofnitro.com is most concerned that the elected officials appear to be either in the dark or in on the financial shenanigans of Young. Because there is no logical explanation as how the city can have a deficit of 333,661 in one year and then have a carryforward of 1,001,695 into the next year.The WV State Auditors have noted the issues with the financials published and provided to council by John Young. The audit findings from FY 2009 noted the following:CAUSE: The Municipality has inadequate policies and procedures related to controls for preparing financial statements that does not minimize the risk of a material misstatement and or misclassifications.EFFECT: A significant potential exists for misstatements to occur in the financial statements without being detected by employees or management in a timely manner.But still to date the elected officials in Nitro do not ask John Young to provide the appropriate financial information to them on a monthly basis.One would think with the most recent revelation that John Young (without authorization of council) paid $11,963 in IRS Penalties caused by his errors from the cities account, that members of council would be asking questions. As a contracted CPA with the city his errors would be his responsibility and not the taxpayers of the City of Nitro. But at the most recent Nitro council meeting with this information now known and even reported on by local media there was no discussion about the fact Young used city money to pay his penalties. There was no discussion on who authorized John Young to enter into an agreement with the IRS. As authorization would have had to come from city council.

With the year after year audit findings about money being expended that had not been authorized for expenditure by council. With the year after year audit finding about surplus money not being reflected in the next fiscal year budget. With the fact now he has been shown to be misleading council and the public - the elected officials in Nitro will have to take action.John Young owes council and the public a full explanation on how he can say the city had a deficit in 2012 and support the claim by the mayor and city recorder that the city had no money all the while knowing there was a more than million dollars carryforward from 2012 to 2013.cityofnitro.com sends this message to Mayor Casebolt. Based on the fact you blocked cityofnitro.com contributor Tifney Franks because she was talking about a 1.2 million dollar surplus you said did not exist - but now you know did exist - will you unblock her from your facebook page now?below on the left click the image to enlarge. You can see the financial report provided to council for Month Ending June 30, 2013 and the 1,001,694 Fund Balance Carryforward as line one of the Revenue. This reflected money from FY 2012 to FY 2013. Again, remember money that Mayor Casebolt, Recorder Rita Cox and Councilwoman Laurie Elkins said didn't exist. And remember John Young told the council and published to the public that the city finished FY 2012 with a 333,661 deficit. On the right is the audio of John Young being questioned about the carrforward back in September of 2012.check back for updates.

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Chief Elkins Sending FireFighters For Group Therapy

November 6, 2013 Nitro, W. Va. - Nitro Fire Chief Jeff Elkins has made a decision to send firefighters to group therapy. There have been longstanding personal issues within the Nitro Fire Department. This action by Chief Elkins has the full support of cityofnitro.comWhat will remain to be seen is if the feedback on the REAL issues in the Nitro Fire Department will be received with an open mind by Mayor Dave Caseboolt. cityofnitro.com has learned that the majority of the issues in the fire department have one or two people at the source of the conflict. The previous statement is based on conversations with more than six Nitro firefighters.Pepolework Solutions in Nitro has a proven track record in working with businesses like Toyota, West Virginia State Police, Diamond Electric and the Kanawha County Commission are but a few of groups/businesses who have utilized their servics.The Notice to the left was the notice posted by Chief Elkins in the department. The notice in itself is part of the issues in the department. Chief Elkins manages not by one on one contact with the men in the department but by email, postings and or memos. Just about every firefighter cityofnitro.com has spoken with has stated clearly the lack of the Chief to be able to communicate is part of the larger issue within the department. The largest issue that each and ever member of the department cityofnitro.com has spoken with is one Captain in the Department who is not held accountable as all other members of the department. Sleeping through calls, reporting late for duty, disrespect for others in the department, abuse of power and authority since being named Captain and an overall negative attitude.cityofnitro.com is hopeful that the trained individuals at Peoplework Solutions will see this after speaking with the members of the Nitro Fire Department. But only time will tell if the truth of what has happened and is currently happening in the Nitro Fire Department is exposed and what action if any Mayor Casebolt will take once the final report is in from Peoplework Solutions. check back for updates.

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Nitro Fire Civil Serivce Commissioner Allen Weeks Resigns Post

November 4, 2013 Nitro, W. Va. - cityofnitro.com has learned that longstanding member of the Nitro Fire Civil Service Commission has resigned his post as President of the commission. cityofnitro.com has been told that this resignation is in direct result to the action currently being taken against Captain Mark Jarrett by Fire Chief Jeff Elkins and Nitro Mayor Dave Casebolt. But will this be what is in the resignation letter or wi

cityofnitro.com will be updating this as more information comes in and once the actual resignation letter has been obtained. Check back for updates and to read for yourself the resignation letter from Commissioner Allen Weeks.

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Chief Elkins - How Long Does a BOGUS Investigation Take?

October 30, 2013 Nitro, W. Va. - cityofnitro.com is following up on the issue involing Disabled Nitro Fire Fighter Mark Jarrett. As many of you who read cityofnitro.com will know Captain Jarrett was determined to be disabled by his primary physician in April of 2013. It was then he submitted his paperwork for his Retirement Disability to the Nitro Pension Board. It was this paperwork which triggered a process whereby Captain Jarrett would have to submit himself for a medical examination by a state appointed physician for verification of his disability diagnosis. Captain Jarrett submitted for the examination and the states physician concurred with his own in a diagnosis of disability and that he was no longer physically fit to perform the duties of a fire fighter. For a reason unknown to many there was a delay in the paperwork from the state back to the Nitro Pension Board.Once the paperwork was finally received back to the Nitro Pension Board the Nitro Pension Board refused and to date has still not taken action on the Disability Retirement Pension of Captain Jarrett. He was advised by a member of the Nitro Fireman's Pension Board that they would not be able to take the formality of a vote until the investigation started by Chief Jeff Elkins and Nitro Mayor Dave Casebolt is concluded.This is interesting since there is no law that allows the Nitro Pension Board to take this action. There is a law that states a pension can be withheld from any member if the member is under an investigation in which the charge would be a terminable offense. Even if this BOGUS investigation initiated after Captain Jarrett submitted his paperwork were to be not in his favor the allegation in the investigation that he abused the sick time policy is not a terminable offense. So the action of the Chief Jeff Elkins (who is also a member of the Nitro Pension Board which is another issue in itself) and Mayor Casebolt along with the members of the Nitro Pension Board may lead to legal action against the city, the members of the pension board including Chief Elkins and Mayor Casebolt in their official capacity as well as individually for the willful withholding and intentional infliction of hardship upon Captain Jarrett and his family.Captain Jarrett has been without pay since September. He has received no pay in more than a month from the city. He has lost his city health insurance. This all due to the BOGUS investigation initiated by Chief Elkins and Mayor Casebolt. How much is this going to cost the taxpayers of the city? If and when the Fire Civil Service Commission gets legal advice, look out the cost meter will start. This will be the first step toward Captain Jarrett and his attorney taking action against the city.This whole matter is an issue that was manufactured by Chief Jeff Elkins. There is no validity to the BOGUS investigation which has put a hold on Captain Jarretts pension and resulted in the loss of Captain Jarretts health insurance. cityofnitro.com predicts that in the end if Mayor Casebolt and the city council do not step up and put an end to what can only be described as a personal attack and a blatant abuse of authority by Chief Jeff Elkins - the city is going to be poised to be on the hook for the whole cost of this fiasco. cityofnitro.com would like to send a message to the members of Nitro City Council. If you want to distance yourself from the actions of Mayor Casebolt and Chief Elkins you better do so publicly and soon. Take a stand for what is right and tell Chief Elkins he will not be allowed to use his position and authority to bully and harass a man who he has a clear and documented history of ill will and feeling. Because right now what is happening in the Nitro Fire Department is real and not manufactured like when Captain Jeff Elkins wrote an open letter to Nitro City Council crying bullying and harassment not being addressed in the Nitro Fire Department. Which to date outside the open letter to council Captain Jeff Elkins and now Chief Jeff Elkins has never been able to produce one complaint which was filed through the chain of command or taken to the Mayor to support his allegations in the open letter to council. The same can not be said of Chief Elkins. There have been more than a half dozen complaints filed just since he took over the position of Chief documenting one Captain abusing his position to bully and harass other members of the department and himself for failing to take action. These are actual documented complaints.So CHIEF ELKINS / MAYOR CASEBOLT JUST HOW LONG DOES A BOGUS INVESTIGATION TAKE? You are now at month three and cityofnitro.com will be tracking your abuse of power and authority as well as the cost to the residents of the City of Nitro.

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$100,000 For Real Estate But NO Money For Garbage Truck

October 30, 2013 Nitro, W. Va. - The City of Nitro Public Works has been down to two garbage trucks for more than a year. In August of 2013 Council opened bids for a new garbage truck for the city. Two bids were received. One from West Virginia Tractor and another from Matheny Motors. The bids were $126,500 and $126,543, respectively. Once the bids were opened a review committee was established to review the bids to ensure they were equipped with a compactor and other necessary features.To date there has been no acceptance of either bid. cityofnitro.com has learned that Nitro Treasurer John Young is claiming the city does not have the money to now purchase the new garbage truck for the city. How could this be? Nitro Mayor (and Realtor) Dave Casebolt who is both Mayor and Realtor just allowed the expenditure of $100,000 of city money to a piece of land (what is referenced as the Moody Property) on 21 St and 2nd Avenue. The collection of trash in the city is a necessity. Again, the city is down to two garbage trucks. One of those trucks is continually requiring maintenance and has broken down more than once in the last 12 months. Then the city only has one garbage truck on the road. THIS IS NOT ACCEPTABLE. This puts a burden on the men who have to do double and triple duty on the truck. As the current public works director does not seen to understand the need to rotate men on the back of the garbage truck. These men are not superhuman but are being expected to pull the double and at times triple duty. At the Nitro City Council meeting held on August 20, 2013 the bids were opened. The bids were only sought due to the desperate need of the city for a new garbage truck. At that same meeting Nitro Mayor (and Realtor) Dave Casebolt stated the city was in a much better financial situation now than a few years ago. How can the Mayor (and Realtor) make such a statement and within a few months have his treasurer state the city cannot even afford to purchase a badly needed garbage truck on a lease purchase (which means they city can make monthly payments) after writing a check for $100,000 for a piece of land. It seems to cityofnitro.com if the cities financial condition does not even allow the city to purchase a new garbage truck for the collection of garbage/trash in the city what sense did it make to write a check for $100,000 for a piece of land the city will have no money to do anything with.Nitro Mayor (and Realtor) Dave Casebolt pushed for the expenditure of more than $35,000 for garbage bags so he could make good on a campaign promise. You take that money along with the $100,000 for a piece of land the city could have paid outright for the garbage truck. The elected officials really need to get a handle on what they are doing. A garbage truck is a necessity at this time. Without trucks to pick up the garbage/trash there is not much need for FREE garbage bags to residents.cityofnitro.com would like to ask the elected officials to attempt to recoup the penalties paid by the city for the errors of the city treasurer. The $11,962 in penalties just with the IRS alone would make three monthly payments on a new garbage truck on a lease purchase agreement. The elected officials have a duty to go after John Young directly or his bond to recoup the monies paid. They also might want to ask the treasurer at the next Nitro City Council meeting just who gave him the authority to pay HIS penalties out of the city account and who authorized him to enter into the agreement with the IRS.cityofnitro.com will be following up on this issue so be sure and check back for updates.

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Nitro CVB Tax Exempt Status Still Revoked According to IRS

October 25, 2013 Nitro, W. Va. - The Nitro Convention and Visitors Bureau (CVB) tax exempt status is still revoked according to Ms. Edwards Badge # 1000195894 with the IRS. cityofnitro.com followed up with the IRS earlier today to find out if the tax exempt status had been reinstated. But as of today their status is still revoked.You can click the image to the left and see this status for yourself. You may recall Nitro Treasurer John Young failed to file the required annual forms with the IRS to have the Nitro CVB in compliance which resulted in the revocation of their tax exempt status. John Young still insists that he does not feel that he had to make those annual filings and has advised members of council and the public that while he will comply in the future he still disagrees that the Nitro CVB is required to file.

Below you will see to your right a short audio clip - the audio clip is the actual message you hear when you call in to the IRS regarding tax exempt organizations. The message is clear as it states, "Do not throw away your tax exempt status (this is the letter to the left below) the law requires most tax exempt organizatios except churches to file Annual form 990, 990 EZ, 990 PF or 990 NE Postcard with the IRS. It is important to file because if you do not file for three consecutive years you will automatically lose your tax exempt status."

You can see on the Nitro CVBs tax exempt letter which clearly states: Form 990 Required: Yes

Now what part of that supports John Young's claim that the CVB was not required to file. Can this man ever admit when he is wrong? How much is this going to cost the CVB to correct? Will they recoup their money by going after John Young to write a check or his bond? Guess we will just have to wait and see how much the city and its affiliated organizations are going to allow John Young to cost the city before something is done.

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Meeting of the Minds at the Corner Restaurant

October 25, 2013 Nitro, W. Va. - There was a real meeting of the minds at the Corner Resaurant in Nitro Wednesday of this week. Nitro Mayor Dave Casebolt, Treasurer John Young and River Valley Properties owners Chuck and lil Chuck Boggs.Not unusual to see people eating lunch together in Nitro. However, part of the conversation that was overheard is worth noting on several levels. They were overhead discussing how if they didn't move the property soon it would lose value. Now on the surface this might not be much. But there seems to be too much involvement between these players and city business.Nitro Mayor Dave Casebolt appoints John Young. Mayor Casebolt also reports to Chuck Boggs as his employer at River Valley Properties. Mayor Casebolt appointed lil Chuck Boggs to the Nitro Development Authority (NDA) and now lil Chuck is heading up the NDA. Dave Casebolt and his employer set up the Nitro Chamber of Commerce with both Boggs and lil Chuck is now heading up the Chamber too, where John Young's son Brian is treasurer. All organizations in Nitro are now controlled by one group of people (which is what Casebolt accused the prior administration of doing). That is never a good thing.What is concerning about this is when action needs to be taken. Example the recent (well publicly known recently) payment to the IRS of $11,963 for penalties caused by the errors of treasurer John Young. Treasurer Young never notified council or the public (even though he said he would) about the resolution of the IRS audit. No mention to council in a council meeting in May, June, July, August, September or October that the city paid penalties as a result of his incorrect and non filings for tax year 2011. But someone in city hall had to authorize his actions. Was it Mayor Casebolt or City Recorder Rita Cox? But then they are on the hook for failing to notify council. Action is required in this matter to protect the city and the taxpayers. The penalties caused by John Young CPA are the penalties of John Young CPA. He not the city should bear the cost of those penalties. That is why the treasurer of any city is requried to have a bond. Why is the city not going after the bond to recoup their funds. These funds are needed according to Nitro Mayor Dave Casbolt. who recently used the fact the city could not afford a $27,000 wood chipper bid from West Virginia Tractor. That is why the city spent $10,000 on an 18 year old wood chipper that belonged to and was bid by his boss at River Valley Properties Chuck Boggs. A piece of equipment that had already been used by Nitro public works. So was the bid a formality so that the $10,000 could be paid to Boggs? That is certainly what it looks like. Because if the city recoup their $11,963 from John Young or his bond then the city would only have needed $5,000 for a brand new wood chipper for the city.But Casebolt is taking no action against John Young to get the city funds returned. Could this be because of the fact Casebolt is selling the realtor through River Valley Properties selling the apartments John Young has for sale in Nitro. Would taking action to protect the city funds and get a return of funds paid to protect John Young result in no commission for Dave Casebolt?What is frightening to cityofnitro.com is that even the elected members of council are blinded to what is going on in Nitro. They accept at face value the word of the treasurer with nothing to back it up. And when the lies and wrongdoing is highlighted they sit silent. This is a disgrace to the voters who elected them. Mayor Casebolt needs to realize that holding the office of Mayor is not a gold mine for his buddies and employer River Valley Properties.cityofnitro.com will be following this to see if the elected officials do their job and recoup the city funds. Check back for updates.

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Like Father - Like Son

October 24, 2013 Nitro, W. Va. - Nitro Chamber of Commerce Treasurer Brian Young failed to file the required annual reports with the IRS for the Nitro Chamber of Commerce. This failure to file has resulted in the IRS revoking the Chambers tax exempt status. This is deja vu in Nitro. It was ealier this year that City of Nitro Treasurer John Young failed to file the require annual filings for the Nitro Convention and Visitors Bureau (CVB) resulting the Nitro CVB losing their tax exempt status.It appears the son learned nothing from the fathers fiasco with the CVB. The Nitro CVB had their tax exempt status revoked December 15, 2012. The Chambers tax exempt status was revoked by the IRS May 15, 2013. When the son learned of the fathers failure to file issue with the CVB one would have thought a light would have gone off and a thought of, hey maybe I need to do the same for the Chamber. These failures are not acceptable. Both Youngs are Certified Public Accountants. These failings call in to question the actual abilities of CPA's everywhere. Just what are you getting for your money with a CPA. Individuals could be better off with their own common sense and a good bookkeeper in certain matters. After all the annual filings for a tax exempt organization is just paperwork.cityofnitro.com contributor Tifney Franks spoke with the Nitro Chamber of Commerce President Chuck Boggs III today and he confirmed he was aware of the revocation of the Chambers tax exempt status. He also stated that the required state filings had not been made and that he had completed the necessary paperwork for the State. Boggs advised the Chamber will live on and that the necessary filings to have the tax exempt status reinstated will take place. But when?In the interim will they continue to take in money? If so, without the tax exempt status any revenue could become taxable. cityofnitro.com would advise not taking in any additional money until they can determine if their tax exempt status will be reinstated and if so will the IRS allow a reinstatement back to the time it was revoked. Typically a reason for the failing to file would have to be given in order to get backdated reinstatement. What possible excuse could Brian Young give? I mean after all his own father a CPA for the City of Nitro had already brought to his attention that tax exempt organizations must make annual filings.The elder Young stated he was not aware that the Nitro CVB had to make the annual filings but according to the IRS and Nitro CVB records this claim is not valid as John Young himself presented to the Nitro CVB Board the IRS form granting the CVB their tax exempt status which clearly stated the annual form 990 was required. How a CPA could miss this is disturbing. Even when you call the IRS Tax Exempt line there is a message that plays advising that all tax exempt organizations with the exceptions of some churches are required to make annual filings. But still John Young disagrees that the Nitro CVB had to file. But stated he will file in the future. This is interesting in light of the recent IRS issues with John Young and the City of Nitro. The city recently paid out $11.963 in IRS Penalties due to filing errors of their treasurer John Young. It is yet to be seen if the elected officials will be asking to recoup those penalties paid from John Young himself or go after his bond for repayment. Typically errors made by a contracted CPA would not be paid by the client and John Young is a contracted CPA for the City of Nitro.At the end of the day it is Like Father Like Son. What accountability is there for failures of this magnitude? Nitro City Council members and the members of the Nitro Chamber are obviously as ignorant about their duties as they are about the errors of their treasurers. Since both Youngs still hold their positions.check back for updates as we will be updating this story as additional information comes in to cityofnitro.com

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Chief Jeff Elkins Still Holding up Fire Fighter Pension

October 22, 2013 Nitro W. Va. - In what can only be described as childish pettiness Nitro Fire Chief Jeff Elkins is still trying to hold up the pension of disabled fire fighter Mark Jarrett. Serious legal questions are now coming up due to the stall tactics of Chief Elkins and Nitro Mayor Dave Casebolt.Mark Jarrett who was declared disabled by his physician and the states doctor is still waiting for the Nitro Fire Pension Board to do their job. When Jarrett originally went off on disability he was told that he could not go off on actual disability until he used all of his sick and vacation time. This was not true. But Jarrett allowed the city to draw down his sick and vacation time. Now Jarrett is out of time and was recently told by Pension Board Member Jonathan Atkins that the pension board could not process even a temporary disability claiming that Jarrett was still under investigation.Someone needs to get the State Pension laws to Jonathan Atkins. Because a fire fighters pension can only be held up if the investigation involves a terminable offense. Which this investigation CLEARLY DOES NOT.This is outrageous. A veteran fire fighter now out time and has not received a paycheck since September. He has also been advised he has lost his health insurance benefits due to this BOGUS investigation. Jarrett has a family and a young son at home who is now left without health insurance or his daddy's paycheck.To treat a brother fire fighter in this manner is disgraceful. cityofnitro.com is fully behind this fire fighter and his family. It appears that now the city is setting itself up for yet another harassment, employment and discrimination suit. cityofnitro.com would like to ask Chief Elkins:HOW LOW ARE YOU WILLING TO GO JEFF?

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Who Authorized John Young to Enter Into Agreement with IRS?

October 22, 2013 Nitro, W. Va. - With the recent information out of the city that the city paid $11,963 in IRS penalties the questions left to ask now are:

Who gave John Young authorization to sign the agreement with the IRS. As on his own he does not have that authority.

Who gave the authorization to have the penalties paid by city? As typically errors caused by a CPA would have penalties paid by the CPA or their bond.

Will the elected officials in Nitro now be asking for the return of the city funds paid in penalties from John Young personally or his bond. cityofnitro.com thinks they should get their 11,963 and add it to the 10,000 and then call West Virginia Tractor and get a new woodchipper and give the Mayors boss Chuck Boggs back his 18 year old piece of equipment. As the city would only need $5,000 more.

WV Gazette reporter Rusty Marks covered this story today - http://www.wvgazette.com/News/201310220079 In this piece John Young once again stated that he disagreed with the IRS findings. This is not new for John Young. He also disagreed with the IRS when he failed to file the annual forms for the Nitro Convention and Visitors Bureau (CVB) and lost their tax exempt status. cityofnitro.com is very concerned about a CPA who claims to not knowing all of the tax laws concerning filing Form 1099's. A CPA who claims ignorance of taxable fringe benefit requirements and the accounting of retirement payments on employees W2's, does not have any business calling himself a CPA. This is the personal opinion of cityofnitro.com.

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IRS Penalties Due to Failures of Treasurer John Young

October 21, 2013 Nitro, W. Va. - cityofnitro.com has received a response from the FOIA submitted for the documentation supporting the $11,963 spent in FY 2013 for IRS Penalties. The response from Treasurer John Young was about as incomplete as the filings which led to the penalties themselves. The following FOIA was submitted:

1. Any and All Notices from the IRS regarding the $11,963 amount listed under the Treasurer Expenses on the FY 2013 Financial Report which was publised in the Charleston WV Gazette Thursday October 10, 2013.2. Copy of any and checks to the IRS reflecting payment of the $11,963 paid to the IRS.

As prescribed under W. Va. Code 29B-1-3(4)(a) I would like to have the requested information sent via electronic communication as soon as practicable but within a maximum of five (5) days. I am asking for the requested information to be sent via electronic communication since the city has the ability to scan and email documents. If you have a problem scanning and emailing the documents please advise and I will have a copy of the documents picked up in city hall.

If there is any question regarding my request please reply in writing to me via email at tifney11@gmail.com .

Thank You,Tifney FranksCell: (513) 505 6216The following reply came today from John Young - forwarded from City Recorder Rita Cox:---------- Forwarded message ----------From: Rita Cox <m.rita.cox@gmail.com>Date: Mon, Oct 21, 2013 at 1:04 PMSubject: Fwd: IRS AuditTo: "Rita Cox @ work" <rcox@cityofnitro.org> ---------- Forwarded message ----------From: John Young <jyoung@cityofnitro.org>Date: Mon, Oct 21, 2013 at 11:59 AMSubject: IRS AuditTo: Rita Cox <m.rita.cox@gmail.com>Ms. Cox,Here is the documentation requested by Ms. Franks’ FOIA. I am blocking all new emails from her as the Mayor has requested that all FOIA’s go through your office so they can be tracked and to ensure they are addressed timely. Please informed Ms. Franks’ of this.John John H Young,304 755-0702Nitro City Treasurer******** end of email communicationWhat was most disturbing about the response from the John Young was the lack of documentation provided. In response he provided a letter from a woman named Patsy. No letterhead. No signature line - ends with just "Patsy". You can see the image of the letter below. cityofnitro.com is awaiting additional information from the city and will make available for you the public once it has been provided. It appears from what has been provided today that these errors are as a result of the failures of the city treasurer John Young. This leads cityofnitro.com to ask, "Why is the city paying for the penalties?" The city has contracted with John Young to provide the city with his services as a Certified Public Accountant (CPA). cityofnitro.com has never seen a situation where errors made by a CPA which resulted in substantial penalties has the client and not the CPA paying the penalties assessed.This is not the first filing issue John Young has had with the IRS. Just this past year John Young failed to file the required paperwork for the Nitro Convention and Visitors Bureau (CVB) which resulted in the loss of the tax exempt status for the CVB. The elected officials in Nitro need to step up here. At the last city council meeting Mayor Casebolt stated the city did not have the funds to purchase a new woodchipper for $27,000. So the city opted to purchase his bosses (Chuck Boggs of River Valley Properties) 18 year old wood chipper for $10,000. If the city had not paid the penalties assessed as a result of the failures of the treasurer in the amount of $11,963 the city would only have needed an additional $5,000 to purchase the new wood chipper. Mayor Casebolt was clearly aware of the penalties assessed or at least he should have been since he signed two (2) of the three (3) checks to IRS along with City Recorder Rita Cox. Why wasn't council then made aware of the penalties. It is easy for the city treasurer to hide information like this from council since he does not provide a monthly line item income statement to council. The departments are only listed as a total department. This is why the line by line income statement is crucial for council to be aware and do their jobs.

Nitro Mayor - NO Funds for $27,000 Wood Chipper but 2.7 Million for New City Pool

October 19, 2013 Nitro, W. Va. - Nitro Mayor Dave Casebolt stated in the most recent Nitro City Council meeting that the city did not have the funds to purchase a $27,000 wood chipper. This was the reason Mayor Casebolt used to accept the bid of $10,000 from his employer Chuck Boggs for an 18 year old wood chipper. That being said Nitro Mayor Dave Casebolt has just put out on his CityofNitro Dave Casebolt Facebook page the following:CityofNitro Dave Caseboltabout an hour ago Let the debates begin. Recreation is essential in the development of any community and in attracting new young investors. Our pool has been inspected and evaluated by experts and they believe it has a life expectancy of less than five years. Our pool house is in complete disrepair with many issues including plumbing, roof and small concession stand area. Constant expensive maintenance is required ...for the pool and pump house. The skimmer system does not function properly which makes it difficult to keep the pool clean. A direct result of these problems is a pool that is not profitable. Thursday we were presented with a conceptual plan for a new pool. The bathhouse would be larger, closer to the road with a more efficient concession stand. To your right after entering the pool area would be a pickle ball court. To the left a large splash pad. Directly in front would be the main pool area with large slides in the middle, a lap pool with climbing wall and a lazy river. In the back left corner would be large slides with a plunge pool or deceleration run outs. The pool would have zero depth entry, bubbler pool, new picnic shelter and dining terrace. Revenue projections for this pool are estimated at a net profit of $124000 per year. Price tag for this project is 2.7 million. Now before you laugh, estimated cost to rebuild what we currently have is 1.9 million. There is very little grant money available for pool projects but there are several ways of financing projects of this size including floating bonds. Our current pool was built with this type of financing. Obviously we have to run a lot more numbers but what is your opinion, do we make this large of an investment in our community? The pool plans can be reviewed on our new website at CityofNitro.org Click on news, then pool plans.How can Mayor Casebolt with a straight face say in one meeting that the city cannot afford to purchase a wood chipper the city had put out for bid for $27,000 in which ther bidder (West Virginia Tractor Company) offered to sell the city on a municipal lease agreement. Which would allow basically the city to finance the new wood chipper. Instead using the reasoning since the city couldn't afford $27,000 but could afford the $10,000 bid - which just happened to be bid by his boss Chuck Boggs. cityofnitro.com is most concerned that only one member of council even challenged and voted against the purchase of the bid submitted by the Mayors employer. Not one question from the other members of council. As you can see from the above post by the Mayor, he stated, "Price tag for this project is 2.7 million. Now before you laugh, estimated cost to rebuild what we currently have is 1.9 million. There is very little grant money available for pool projects but there are several ways of financing projects of this size including floating bonds. Our current pool was built using this type of financing." Nitro Mayor Dave Casebolt is simply unbelievable. Based on the reasoning he has used recently with the wood chipper for his boss and the purchase of a bucket truck from his bosses brother - he used just the opposite rationale. He didn't/wouldn't even consider a municipal lease purchase for either the wood chipper or bucket truck to be used by Nitro Public Works. He just stated clearly the city did not have the money to purchase the $27,000 wood chipper.Only in Nitro. Be sure and check back for updates as cityofnitro.com will follow the events as they unfold.

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Nitro Pays Out $11,963 in FY 2013 for IRS Penalties

October 18, 2013 Nitro, W. Va. - The City of Nitro recently published their financials for Fiscal Year 2013. In which was noted a line item under the Treasurers Budget noting that $11,963 was paid out for IRS Penalties. What is interesting about this expenditure is that there was never a mention to the Nitro City Council or the public about the what caused the IRS to issue a notice of amount due to the City of Nitro.Nitro Treasurer John Young has recently made some very serious errors in his accounting for the City of Nitro and their political subdivisions. This is not the first IRS issue Young has had in Nitro with the IRS. You may recall recently Young failed to make the annual 990 filings required for the Nitro Convention and Visitors Bureau. Due to the failure to file the IRS stripped the Nitro Convention and Visitors Bureau of their IRS status.What happend to cause this fine/penalty against the city? Check back for updates as a Freedom of Information Act Requeset has been submitted for the IRS notices which would have been sent to the city. There is a question being discussed at cityofnitro.com - if an error resulting in almost $12,000 in penalties was due to error on part of the city treasurer John Young CPA, would the city be responsible for the payment of the penalties owed or would/should the city go after the bond of Mr. Young to repay the amount paid. As typically errors by CPAs would not be paid by the client.Please check back for other updates regarding Treasurer John Young and what his errors have cost the city. cityofnitro.com has received information that he also sent a former employee an incorrect 1099. The error would have gone unnoticed and the former employee would have been forced to pay more than $3,000 in taxes to the federal government. cityofnitro.com will have much more on this situation coming soon.

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Legal/Ethical Questions Surround Bid by Chuck Boggs for Wood Chipper

October 18, 2013 Nitro, W. Va. - Serious questions are being raised about the legality and/or possible ethical issues with the recent bid advertised by the City of Nitro for a wood chipper. The city received two bids in response to their advertisment. One from West Virginia Tractor Supply and the other from Nitro businessman and Nitro Mayor Dave Casebolts private employer Chuck Boggs. Boggs owns River Valley Properties in Nitro where Nitro Mayor Dave Casebolt is employed as a realtor.The bids are being questioned due to the bid being awarded to Chuck Boggs. cityofnitro.com has received information from within public works that the wood chipper bid by Boggs has been at the public works garage since about mid September. Employees have also stated that the wood chipper required work and parts before it could even be used. Parts which were put on the machine while in the custody of Nitro public works. This machine has also already been in use by public works throughout the city.cityofnitro.com will be looking to have an ethics complaint filed to get to the bottom of this matter. It appears that the city only put a bid in the paper because they had to put it out for bid in order to make the purchase of Chuck Boggs wood chipper appear legitimate. But if there was no chance for another bid to be accepted is it ethical for the transaction to be handled in the manner in which it was.How much money did the city spend on Chuck Boggs wood chipper? How many employees and how much time was spent getting it up and running?During the open meeting discussion about the bids there was no discussion amongst the members of council or the public that the wood chipper bid by Boggs was already in the custody of the City of Nitro, had workd done by city employees to get it running or that the wood chipper had already been in use by the city. This is something the public and ALL members of council had a right to know.What is also concerning is that Nitro City Recorder Rita Cox stated she did an internet search and confirmed the bid submitted by Boggs was in line with other used wood chippers. While Boggs bid of $10,000 was much more appealing than the $27,000 bid by West Virginia Tractor Company. West Virginia Tractor Company was not bidding an 18 year old wood chipper that no longer contained the necessary safety features. When councilwoman Brenda Tyler was questioning the bids Mayor Casebolt stated the city could not afford a new wood chipper. However, West Virginia Tractor Company had specified terms stating they would offer the new wood chipper to the City of Nitro under a Municipal Lease Agreement. Which would allow the city to invest their money wisely instead of foolishly spending $10,000 for an 18 year old piece of equipment that would not have the longevity or warranty of a new model.cityofnitro.com after comments by Nitro public works employees thinks Nitro Mayor Dave Casebolt had no intention of considering any other bid and knew that he had the votes to push through this bad deal for the city. I guess in Nitro a bad deal for the city is ok as long as they deal is good for Chuck Boggs or members of his family. I think most in Nitro remember the $20,000 paid to Fred Harmon, brother of Chuck Boggs for the sale of a totaled out vehicle which contained a salvaged title due to being involved in a flood.Perhaps Nitro residents who need to make a few bucks should just watch the legal ads and wait for the next item to be put out for bid. Just go to ebay.com and find the item the city is looking for and make a bid. You too could get a $10,000 or $20,000 payday from the city like Chuck Boggs and Fred Harmon.check back for updates - cityofnitro.com will be updating once an ethics complaint has been filedbelow you can see the two bid sheets submitted. click on any image to enlarge

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Casebolt Gives New Meaning to the Word "Cronyism"

October 15, 2013 Nitro, W. Va. - Nitro Mayor Dave Casebolt use to talk about cronyism. He use to accuse others of participating in the act. On the campaign trail he said he would put an end to the practice in Nitro. However, since being elected first to a seat on the Nitro City Council and now Mayor he brings new meaning to the word.Merriam & Webster definition of cronyism is (the unfair practice by a powerful person (such as a politician) of giving jobs and other favors to friends) Mayor Casebolt works as a real estate agent at River Valley Properties owned by Chuck Boggs in Nitro. Since being elected to office he sure has taken care of his boss and his family. At tonights Nitro City Council meeting the lapdogs that make up the majority of Nitro City Council accepted one of two bids submitted for a wood chipper. One of the two bids sent in response to the cities notice was from Chuck Boggs. The wood chipper Chuck Boggs owned did not even run until it was taken over to the public works building in Nitro and city workers purchased parts and got it up and running. cityofnitro.com has spoken to more than one employee within public works who described the wood chipper as a piece of "sh*t". In addition to the wood chipper not even running it has no safety features and continues to this day to leak oil. There is one part that is said to be held together with a bungee cord. Chuck Boggs had the nerve to submit a bid to the city in the amount of $10,000. cityofnitro.com is still waiting on the copies of the bids that were submitted to the city. As of today Nitro City Recorder Rita Cox has failed to respond timely to a FOIA (Freedom of Information Act Reqeust). You can see more on this below under Nitro City Recorder Rita Cox Fails to Respond to FOIA.At tonights council meeting when discussion of this purchase was on the floor. City Recorder Rita Cox stated she did an internet research on this and that the bid by Chuck Boggs was fair. I guess when she googled wood chipper she didn't put in the fact this was an 18 year old wood chipper that was not even running when taken to Nitro public works. However, cityofnitro.com can't hold Recorder Cox accountable for this alone. I mean after all this is a city council that purchased from Chuck Boggs brother Fred Harmon a bucket truck. The city did need a bucket truck. But the city did not need to spend $20,000 on a Salvaged Titled Flooded out Bucket Truck. If a simple carfax report had been run no one in their right mind would have purchased this truck for $20,000. The city had received another bid for a used truck for $500.00 more than the bid by Harmon. This truck had a clean title, was a comparable truck and more importantly had never been in a flood. But the city went with the truck by Harmon. Then Councilman Casebolt walked his boss's brother to city hall to pick up his $20,000 check.In two transactions Chuck Boggs and his brother have received $30,000 from the city.In addition to the above. Mayor Casebolt has had his boss's son appointed to the Nitro Development Authority. He has also appointed his boss's cousin to the position of pool manager at the Nitro City Pool this past summer. It is interesting to note this is the first year in many that the Nitro City Pool has been a total failure and made NO MONEY not even breaking even it LOST MONEY. After his disappointing tenure as manager at the Nitro City Pool Mayor Casebolt supported a move to appoint his boss's cousin to a seat on the Nitro Development Authority. This young mans only real qualification is that he worked a summer job as pool manager at the Nitro City Pool. His boss Chuck Boggs is also in control of the Nitro Chamber of Commerce. cityofnitro.com would love to get a look at the financial records of River Valley Properties and the "cronies" of Casebolt. That would be the only way to get a real number on what Casebolt and his cronies are making off the residents of the City of Nitro.But never fear fellow Nitronians. Dave Casebolt is going to put an end to cronyism in Nitro. I guess he will get around to that after his boss and his boss's family have made all the money they can off the city.

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Get Ready to Bend Over Nitro - Prepare to be Screwed If Jarrod Bowles and Mayor Casebolt Have Their Way

October 15, 2013 Nitro, W. Va. - It was like a bad dream at tonights Nitro City Council meeting when Jarrod Bowls representing Old Colony spoke about a potential development behind the Nitro Marketplace on property represented by Old Colony.Jarrod Bowles discussed what type of deal he was looking to receive from Nitro and it was strangely reminiscent of the early 90's when then Nitro Mayor Don Karnes sold the city out to developer THF. In a deal that could only be seen as underhanded at best. Nitro Mayor Karnes and members of city council sold the city out. Giving away millions to THF. If it were only building permits and current taxes one could say the cost of doing business. The deal struck by Karnes had the city giving their right to keep B&O taxes collected from businesses at the Nitro Marketplace for decades. In 2005 the city had a chance to get out from under this shady deal but took the quick money to settle and go back to business as usual. What was concerning about Jarrod Bowles presentation to council is that he referenced the deal between the city and THF and stated it was just part of the deal and something that would be common place. When asked where he got that information as it was incorrect he declined to comment. However, in the Daily Mail it was reported, "Bowles said details about the property and plans are confidential for now, but he and Mayor Dave Casebolt wanted to make council aware of the opportunity." So Nitro Mayor Dave Casebolt who just also happens to be a realtor and this realtor have been putting their heads together on this matter. Casebolt was quoted in the article as stating, "I'd be very excited about it". cityofnitro.com will be bringing more information on the first SCREWING of the city under former Mayor Karnes and THF. Actual documents from the time the deal was struck to show just how the city was screwed. I mean the city didn't even have their own attorney draft the deal. The deal was put together by THF lawyers and just rubber stamped by the ignorant city council members. The previous screwing of Nitro cost the city tens of millions of dollars. cityofnitro.com will not allow this to happen again without a fight. check back for updates.

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Did Nitro Police Chief Brian Oxley Mislead Nitro City Council?

October 15, 2013 Nitro, W. Va. - At a recent Nitro city council meeting Nitro Police Chief Brian Oxley was asked about an upcoming police department test and the city police department doing away with the rank of Corporal. He was asked directly if there were any employees that would be affected by this action. His response was a firm, No.Police Chief Oxley failed to notify council that currently there are two officers who hold the rank of Corporal and doing away with that rank and would be affected. Nitro Police Corporal Timmy Jarrell and Corporal Ray Blake are in line for promotion but will now certainly be affected by this move.This is not the first time since Chief Oxley has become Chief of the department that there is question involving procedure and civil service. cityofnitro.com has received information regarding the promotion of officer Dave Richardson that is still being reviewed. There is a question about the validity of the test that was used as the basis of the promotion. Check back for updates.

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Nitro City Recorder Rita Cox Fails to Respond to FOIA

October 15, 2013 Nitro, W. Va. - cityofnitro.com is following up on the report, "City Looking to Buy Wood Chipper" On October 3, 2013 an associate of cityofnitro.com sent a Freedom of Information Act Request for a copy of the two bids submitted to the city. To date Nitro City Recorder Rita Cox has failed to respond to that request. cityofnitro.com has learned that Nitro Mayor Dave Casebolt did not want the two bids released until after this evenings council meeting where the city council voted to accept the bid of Nitro business owner Chuck Boggs. Chuck Boggs is the owner of River Valley Properties in Nitro. River Valley Properties is where Nitro Mayor Dave Casebolt has a day job as a realtor. The city accepted a bid price of $10,000 for an 18 year old wood chipper that didn't even run until it was worked on by Nitro Public Works. The wood chipper still leakes oil and according to more than one source in Nitro Public Works has no safety features and in a word is a piece of "crap" quote from employee.This is not the first time since Dave Casebolt has been elected to office in Nitro that the Boggs family has made money off the city for broken down and/or salvaged equipment. About two years ago Chuck Boggs brother Fred Harmon bid a Salvaged Titled Flooded out Bucket Truck to the city for $20,000. A simple carfax report would have shown the issues with the vehicle. In fact there was not even a real bid submitted by Fred Harmon and C&C Auto whose paperwork was used for the bid to the city. The carfax report and actual copies of the bids can be seen below on this page. WHERE IS THE WV ETHICS COMMISSION?The following shows the email communications to Nitro City Recorder Rita Cox to obtain copies of the two wood chipper bids. The original request was made on October 3rd and as of today October 15th Nitro City Recorder Rita Cox has failed to provide the requested documents. What is the holdup here? I mean in todays world you can take a picture with a smartphone and send to your email. You can scan documents in a second and email. Nitro City Hall has the equipment to do this so cityofnitro.com is left asking WHY DOESN'T THE CITY WANT TO RELEASE THESE DOCUMENTS?The following is original request submitted on October 3rd:Tifney Terry-Franks <tifney11@gmail.com> Oct 3 (12 days ago)to Rita, dcasebolt Rita,

Any and all bids submitted to the City of Nitro for a wood chipper. To include any and all bids discussed in the open council meeting of October 1, 2013.

As prescribed under W. Va. Code 29B-1-3(4)(a) I would like to have the bids sent via electronic communication as soon as practicable but within a maximum of five (5) days. I am asking for the bids to be sent via electronic communication since the city has the ability to scan and email documents. If you have a problem scanning and emailing the documents please advise and I will have a copy of the documents picked up in city hall.

If there is any question regarding my request please reply in writing to me via email at tifney11@gmail.com .

I appreciate your email. However, I am not sure what needs to be compiled. It is my understanding that only two bids were submitted. If you could please forward those bids to me at tifney11@gmail.com

I will await your reply.

Thank You,Tifney FranksWith no response for the City Recorder the following was sent Oct 10th:Tifney Terry-Franks <tifney11@gmail.com> Oct 10 (5 days ago)to Rita, dcasebolt Rita,

I am following up on your email of 10/09/2013 regarding your response to my FOIA dated 10/03/2013 for the two wood chipper bids.

Since there is nothing to compile I would appreciate those bids being fowarded to tifney11@gmail.com today.

I understand you may need more time on the other request submitted 10/04 regarding the accident involving a city vehicle and a resident and have no problem waiting until next week.The following was sent today as there was no response from the City Recorder or Mayor Casebolt:Tifney Terry-Franks <tifney11@gmail.com> 11:06 AM (11 hours ago)to Rita, dcasebolt Rita,

I am following up again on my request of 10/03/2013 for the following items to be provided via electronic communication to tifney11@gmail.com

Any and all bids submitted to the City of Nitro for a wood chipper. To include any and all bids discussed in the open council meeting of October 1, 2013.

I am not sure what you are compiling in reference to this request and why there has been a delay. As the bids are the bids and should be available upon request. I am requesting that you supply those bid copies via electronic communication today.

Any problem please advise.

Thank You,Tifney FranksPhone: 513 505 6216

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No CDL Required to Drive a Truck for Public Works in Nitro

October 3, 2013 Nitro, W. Va. - cityofnitro.com has learned about an accident that happened on 31st St. East involving a city vehicle and a resident. What is disturbing about the information received is that the city employee driving the truck did not have a CDL. Check back for updates as the records are being requested from the city under a Freedom of Information Act Request (FOIA).

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City Looking to Buy Wood Chipper

October 3, 2013 Nitro, W. Va. - The City of Nitro is looking to buy a wood chipper. At the most recent meeting of the Nitro City Council two bids were acknowledged. Check back for updates on the bidders. A Freedom of Information Act Request (FOIA) has been submitted for copies of the actual bids. This was done after learning that one of the bids may be tied to the employer of Nitro Mayor Dave Casebolt.cityofnitro.com is concerned this might be another $20,000 of taxpayer money for a flooded out bucket truck which the taxpayers can thank the brother of Nitro Mayor Dave Casebolts employer Chuck Boggs of River Valley Properties.

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Nitro Halloween Hoedown Will Never Be the Same

October 3, 2013 Nitro, W. Va. - A Nitro tradition that started in 2000 by the Nitro Police and Fire Department will never be the same. An annual event that started out of a desire to keep kids safe on Halloween night will no longer be held on Halloween trick or treat night. The Halloween Hoedown has been a HUGE success over the years. Nitro Councilwoman Laurie Elkins raised the issue of moving the Halloween Hoedown to a night other than Trick or Treat night. Her reasoning was that there had been calls from individuals who wanted to attend but could not attend on trick or treat night. Not surprisingly the rest of the members of council went along with this idea. But having a sucessful event doesn't seem to be the rule of the day any longer in Nitro. Why would any councilman or city official want to move the night of the event? Just another sad reminder for Nitro that the elected officials are not about the best interest of the city but the one or two people (even if those people even exist) who they claim have complained or asked for it to be moved. Interestingly enough no actual names were given of who wanted and requested the date be moved.

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Chief Elkins Can't Take The Heat

October 1, 2013 Nitro, W. Va. - Nitro Fire Chief Jeff Elkins can't seem to take the heat and is taking action in an attempt to keep employees from giving details of the culture of harassment going on within the Nitro Fire Department. Things are getting really bad for employees within the department. Action is going to have to be taken. Complaints have been filed by employees only to have them sit unresolved in Chief Elkins and Mayor Casebolts office.

There has been an independent person come in to the Nitro Fire Department and give an opinion on what needs to be done to improve the inter-departmental issues with the employees. Chief Steve Parsons from the City of St. Albans actually came in and gave a report. In that report Parsons advised the department receive psychological counseling to resolve the issues. To date no action has been taken. Dr. David Clayman even put a bid together to come in and work not only with the fire department but all city employees. This is something the city really should revisit with Dr. Clayman. It is needed in all departments of the city. Mayor Casebolt has already stated that he felt the report should have been released when he was on council. But since taking office not even Mayor Casebolt has revisited the issue. In fact Mayor Casebolt is now adding fuel to the fire within the fire department and the situation is worse now than ever before. cityofnitro.com has the audio of Mayor Casebolt saying the report should have been released. Check back for updates as this audio will be released.The image below is the most recent attempt by Chief Elkins to put a gag on fire department personnel: (a FOIA has been submitted and once received will put up the clear copy for the public to view)

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Workplace Harassment a HUGE Problem in Nitro

September 30, 2013 Nitro, W. Va. - City of Nitro Mayor Dave Casebolt may want to sit down with city attorney Johnnie Brown of Pullin, Fowler, Flanagan, Brown and Poe and instruct Appointed and Elected Officials on the cost to the city when they abuse their positions and authority and allow Workplace Harassment to fester and grow.From the Mayor down to his appointed department heads there is a HUGE issue with harassment of city employees. Nitro Mayor Dave Casebolt had a perfectly unique opportunity to come in and change things in Nitro for the better. But since taking office he has squandered that opportunity by using his position to take carry out the personal attacks on employees that he himself said he would stand against.

cityofnitro.com has received information from employees from all departments within the city about workplace harassment they have and are suffering under Mayor Casebolt's leadership. ATTN: CHIEF JEFF ELKINS - take the time to read the following. Actually the following would be worth reading for all elected and appointed officials in Nitro: Workplace Harassment is a Form of Discrimination Unlawful harassment is a form of discrimination that violates Title VII of the Civil Rights Act of 1964 and other federal authority. Unwelcome verbal or physical conduct based on race, color, religion, sex (whether or not of a sexual nature and including same-gender harassment and gender identity harassment), national origin, age (40 and over), disability (mental or physical), sexual orientation, or retaliation (sometimes collectively referred to as “legally protected characteristics”) constitutes harassment when:

The conduct is sufficiently severe or pervasive to create a hostile work environment; or

Hostile work environment harassment occurs when unwelcome comments or conduct based on sex, race or other legally protected characteristics unreasonably interferes with an employee’s work performance or creates an intimidating, hostile or offensive work environment. Anyone in the workplace might commit this type of harassment – a management official, co-worker, or non-employee, such as a contractor, vendor or guest. The victim can be anyone affected by the conduct, not just the individual at whom the offensive conduct is directed. Examples of actions that may create sexual hostile environment harassment include:

Leering, i.e., staring in a sexually suggestive manner

Making offensive remarks about looks, clothing, body parts

Touching in a way that may make an employee feel uncomfortable, such as patting, pinching or intentional brushing against another’s body

Negative comments regarding an employee’s age when referring to employees 40 and over

Derogatory or intimidating references to an employee’s mental or physical impairment

Harassment that results in a tangible employment action occurs when a management official’s harassing conduct results in some significant change in an employee’s employment status (e.g., hiring, firing, promotion, failure to promote, demotion, formal discipline, such as suspension, undesirable reassignment, or a significant change in benefits, a compensation decision, or a work assignment). Only individuals with supervisory or managerial responsibility can commit this type of harassment. A claim of harassment generally requires several elements, including:

The complaining party must be a member of a statutorily protected class;

S/he was subjected to unwelcome verbal or physical conduct related to his or her membership in that protected class;

The unwelcome conduct complained of was based on his or her membership in that protected class;

The unwelcome conduct affected a term or condition of employment and/or had the purpose or effect of unreasonably interfering with his or her work performance and/or creating an intimidating, hostile or offensive work environment.

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John Young Finally Shows Million Dollar "Carry Over" on Financial Report to Council

September 30, 2013 Nitro, W. Va. - Nitro Treasurer John Young finally notes the million dollar carryover from Fiscal Year 2012 to 2013 on a financial report to council. The Income Statement provided to members of council for the first Twelve Months Ending June 30, 2013 - the first item under the Revenues reflected the Fund Balance Carryforward in the amount of $1,001,694. This is the first time treasurer Young has noted (on a financial report to council) the million dollar carryover that according to him had been accumulating since 2008.What is interesting is that John Young advised council and had published in the newspaper a deficit for Fiscal Year 2012 in the amount of 333,661. When John Young advised council of the 333,661 deficit he said it was ok as the city had a 1.2 million dollar carryover. At the time not one member of council questioned this statement by the city treasurer. A citizen however did question. Tifney Franks raised the issue at the very next council meeting. Because how could the city have a 1.2 million dollar carryover (which according to John Young had been accumulating since 2008) and a deficit of 333,661.Everyone then started denying the million dollar carryover. Mayor Casebolt, City Recorder Rita Cox and new Councilwoman Laurie Elkins. Councilwoman Elkins and Franks had actually had a back and forth about the million dollar carryover on cityofnitroDave Casebolt Facebook page. It was the challenging of Councilwoman Elkins denying the million dollar carryover and Franks advising of the treasurers comments that led Mayor Casebolt to block Franks from being able to post anything on his facebook page. Mayor Casebolt stated in his post about removing Franks that she kept insisting on a million dollar carryover that didn't exist.Franks even had a conversation about this matter in city hall with Mayor Casebolt and City Recorder Rita Cox. Present during that exchange was former Councilman Craig Matthews. Mayor Casebolt kept saying there was no money that the city had no money and there was no million dollar carryover. Rita Cox echoed the Mayors comments. Mayor Casebolt became very agitated during the exchange. He was involved with the conversation would walk away saying he didn't want to hear anymore about it only to return within minutes to jump in the conversation in Recorder Cox's office.

Just so there is no confusion the West Virginia State Auditors Office describes these carryovers as shown below:Account #299, Unassigned Fund Balance

In addition to estimating and classifying projected revenues for the upcoming fiscal year, thelevying body should also project how much, if any, funds will be carried over from the currentfiscal year to the new fiscal year. The carry-over is classified as an Unassigned Fund Balance,account #299. Conservatism should be exercised when projecting the carry-over balance.Likewise, if a significant carry-over is projected, additional information should be submitted withthe Budget which explains the reasons for the amount estimated. Finally, any Budget submittedwith a negative carry – over balance should also be accompanied by a letter of explanation.

ATTENTION: MAYOR CASEBOLT, RECORDER COX, LAURIE ELKINS and ALL OTHER MEMBERS OF COUNCIL. You can't have a Carryforward balance from a prior year if there was NO ACTUAL money to carryforward.

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To the right you can hear John Young answer questions from 2012 after he released the final figures for Fiscal Year 2012. He states the 1.2 million dollars he referenced had been accumulating since 2008. Member of council listened to this and then tried to say the city had no million dollar carryover. You even hear Councilwoman Elkins say some of it is OPEB money. John Young actually talks about money given to the city by the businesses in the donut hole from 2008. So this money was never spent between 2008 and 2012.What is amazing is that not one member of council has ever questioned him about all the lies and false financial reports to council. They still do not even ask for a detailed Income Statement showing the department budget by line item. They are only given what you see below. The department totals only. Council is suppose to provide oversight. But when they are not given a full financial report and receive misinformation and conflicting information from their city treasurer how can they do their jobs.

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Casebolt and Cox Sign Purchase Agreement for Two Lots Assessed at $21,600 for $100,000

September 29, 2013 Nitro, W. Va. - Nitro Mayor Dave Casebolt and City Recorder Rita Cox signed the purchase agreement to purchase two vacant lots. Lot 80 x 140 21st St 2nd Ave and Lot 35 x 140 21st St and 2nd Ave. Both lots were referred to as the Moody property as they were owned by Moody family. What is concerning about this purchase is that it was never on a city agenda as an actual item for a vote. On the last meeting of Nitro city council there was an agenda item which read, "EXECUTIVE SESSION/MOODY PROPERTY". In this case it was Nitro Mayor Dave Casebolt and City Recorder Rita Cox signing the papers on 09/14/2013 at 10:00 a.m. This was three days before the council meeting where it was on the agenda. This is not the first time the public would have been unaware when items were being voted on due to an incomplete/vague agenda listing. The city contracted to spend 100,000 for the .36 of an acre which is the total size of both lots.

It appears that meetings are taking place in city hall and not in council chambers the 1st and 3rd Tuesday of each month. Perhaps City Recoder Cox's comments to Councilwoman Brenda Tyler (over the decision to cancel the cities insurance and move to a new provider) "If you want to know what is going on you need to come across the street." This was in reference to the fact that Councilwoman Tyler works for a local church located across the street from city hall. cityofnitro.com believes so many behind closed door meetings are being held that elected officials are forgetting the obligation to have open public meetings to discuss city business.The only saving grace on this deal is that there is no dilapidated building on either lot that the city will end up holding the cost of bringing up to code. Unlike the A1 Carpet Building (next to the Nitro Fire Department) the city is the proud owner of after accepting the Clendenin offer to give it to the city. They accepted this building without even a walkthrough. Now the city has a building that in order to bring up to code will cost more than 145,000. A great deal for the Clendenin's but not so great a deal for the residents of the city.The documents below are the purchase agreement, the assessed value sheet for each lot, a map of the lots, the agenda (which is not listed for an item to be voted on to purchase any property)

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Chief Elkins Alone Now Holding Up Firefighter Pension

September 27, 2013 Nitro, W. Va. - cityofnitro.com has learned that the Nitro Fire Pension Board has done all they can do regarding the formality of approving the Disability Retirement Pension of Captain Mark Jarrett. According to one of the pension board members the Chiefs investigation is holding up the formality of approving.However, cityofnitro.com is not so sure about that. The investigation being pushed by Chief Elkins and Nitro Mayor Dave Casebolt is not an investigation that which if Captain Jarrett were found guilty the accusation of abusing sick leave is not a terminable offense. Which is the only way a firefighters pension can be withheld upon the findings of the investigation. W. Va. State Code is very clear and has been discussed at length on cityof nitro.comSo what is the hold up. Chief Elkins has had many person issues with Captain Jarrett that make this investigation seem as though it is Chief Elkins abusing his authority by even initiating such an action. Perhaps Chief Elkins should be the one being investigated.

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Nitro Firefighter Jared Williams Wins Seat on Pension Board

September 24, 2013 Nitro, W. Va. - Nitro firefighter Jared Williams has been voted in by the members of the Nitro Fire Department to fill the vacant seat on the Nitro Fire Pension Board. This seat was vacated by Captain Mark Jarrett after he filed for his permanent disability retirement.The current members of the Nitro Fire Pension Board are now:

Chief Jeff ElkinsMayor Dave Casebolt - Chairman of the Board / has no voting authorityJonathan Atkins - Secretary of the BoardNate ArthurJared WilliamsChief Elkins and Mayor Dave Casebolt will have to recuse themselves of any discussion or vote on the matter involving Captain Jarrett. Both have interrogated Captain Jarrett and have been involved with initiating the most recent investigation (which was initiated after Captain Jarrett was declared medically disabled and unable to perform the duties of a firefighter by two physicians).

Chief Elkins also has a longstanding personal issue with Captain Jarrett within the department. Elkins always felt he should have been named ex officio of the department in place of Jarrett.

To the right you will hear a short snipit of a discussion where Chief Elkins accuses Captain Jarrett of being behind an attempt to remove him from the union. This discussion took place months after Elkins was named Chief.

Jonathan Atkins, Nate Arthur and Jared Williams will now have what should be a formality of a vote to approve the disability pension of Captain Jarrett. But in Nitro nothing is ever a formality. Even with the recent retirement of Nitro Fire Chief Ernie Hedrick. Chief Elkins used his position on the board to vote No on the pension of Chief Hedrick. Hedrick served the city for more than 32 years.

For those who may be new to cityofnitro.com and unaware of the issue involving Captain Mark Jarrett please scroll down this page for more information.

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September 24, 2013 Nitro, W. Va. - Nitro Mayor Dave Casebolt and Fire Chief Jeff Elkins have been provided with multiple complaints from members of the Nitro Fire Department. Several of these complaints were filed more than 4 months ago. According to the current Rules and Regulations Complaints Against Members or Employees, "Complaints against members or employees of the department shall be investigated as quickly and as thoroughly as possible, unless of a nature to suggest otherwise." Even the Rules and Regulations on the table now before council state even more simply, "Complaints against members or employees of the department shall be investigated as quickly and as thoroughly as possible."

Is more than 4 months as quickly as it should be? Word is there are additional complaints about to be filed. It appears the members of the department are going to have to go to the Nitro Fire Civil Service Commission and begin filing lawsuits to get any action taken.

Perhaps Mayor Casebolt should recall back when he was on council to the swift action he took in defense of then firefighter A.J. Shinn. Casebolt and then citizen and now Councilwoman Laurie Elkins stated any harassment within the Nitro Fire Department needed to be investigated and dealt with immediately. But since Casebolt became Mayor and Laurie Elkins became a council person this attitude regarding harassment seems to have changed. cityofnitro.com has received information that at the heart of the harassment is in fact now Captain A.J. Shinn. Is Captain Shinn now using his new found position to "payback" those he felt slighted him or acknowledged the fact he had a habitutal issue with being late for work? Is Chief Elkins now using his new position as Chief to allow his friend Shinn to abuse his authority?

What those in leadership positions need to realize is that actions of harassment and abuse of power will only lead to more harassment suits. cityofnitro.com would believe that residents of Nitro would not look to kindly to footing the legal bills so that a few in positions of power can abuse that power. cityofnitro.com believes residents of Nitro are most likely tired of the childish games played by elected and appointed officials. After all residents paid the price of more than $35,000 when A.J. Shinn appealed a two day (was five days but Chief Hedrick cut it to two) suspension for reporting to duty late (this was a habitual problem for Shinn and not the first time he had been disciplined). But instead of serving the position Shinn appealed (which was his right) and then a board of his peers voted to terminate him. This then of course was appealed and while Shinn retained his job the ORIGINAL TWO DAY SUSPENSION WAS UPHELD. So the whole mess would have been avoided and the city would not have had to pay out more than $35,000 if Shinn had just served his two days.

Keep in mind. Chief Elkins and Mayor Casebolt are trying to now discipline Captain Mark Jarrett for violation of sick leave after Captain Jarrett has been declared medically disabled from being able to do the job duties of a firefighter. No explanation has been given how a firefighter who has been determined medically unable to do the job of a firefighter can be in violation of sick leave. But cityofntiro.com looks forward to the explanation by Chief Elkins and Mayor Casebolt when this matter goes before the Civil Service Commission.

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Chief Elkins Using His City Vehicle For Personal Use

September 21, 2013 Nitro, W. Va. - It hasn't taken Nitro Fire Chief Jeff Elkins long to start using his city vehicle for his own personal use. Chief Elkins was spotted this evening at 7:31 p.m. in a ball cap and t-shirt heading west toward Nitro in his city provided vehicle. The red durango is hard to miss. This is most amusing to cityofnitro.com since Chief Elkins and Nitro Mayor Dave Casebolt made such an issue and even made accusations that the former Nitro Fire Chief used his city vehicle for personal use. The former fire chief was criticized heavily for taking his children to school in Nitro and dropping them off before making his way to the fire house. So the irony is very clear when Chief Elkins was seen taking not only his children to school but also transporting children other than his own to Nitro Elementary in his city provided vehicle. I wonder if Mayor Casebolt will be questioning the actions of Fire Chief Elkins and making it clear that city vehicles are not for personal use. Guess we will have to wait and see.

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Only In Nitro

September 21, 2013 Nitro, W. Va. - Only in Nitro will you see a sink hole flagged by a stick and cardboard box with the world "HOLE" in red magic marker. cityofnitro.com would laugh but it is just sad.What is even more disturbing is that this evening when two employees from public works showed up to fix it they had no reflective protective vests. They had the dump truck in the middle of the street and the city ford ranger on the sidewalk. The two employees were filling the sink hole. cityofnitro.com applauds the employees out doing their job. However, cityofnitro.com is concerned that proper safety procedures are not being followed.With the recent accidents involving public works you would think safety would be priority one. Mayor Casebolt may need to sit down with Public Works Director A.J. Hill and make sure employees know how to properly protect themselves. If they do not have the proper flags/flashers to notify the public they are working on the street or reflective vests the city should have reconsidered spending 37,000 on garbage bags when public works does not have the tools and equipment they need to do their jobs safely.The men in public works are hard working employees of the city. These employees get out there everyday for low wages to keep the city clean and keep up the facilities for the community. It is a shame that they are not better compensated and not given the tools and equipment they need to do their jobs safely.

September 20, 2013 Nitro W. Va. - The new Nitro Fire Department Rules and Regulations have been finalized by the Police/Fire Committee. This committee was made up of City Recorder Rita Cox, Councilman Andy Shamblin, Councilman John Montgomery and Fire Chief Jeff Elkins.A close examination of these new rules and regulations are raising questions. Serious questions about the language used in the new rules and regulations to allow a firefighter to continue to work his personal side jobs on city time. Nitro Fire Captain A.J. Shinn has for years been working on his side job as an Independent Contractor for Lowes and handling issues with his rental properties on city time while being paid as a firefighter.It is surprising to see language that will allow that practice to continue. As Councilman Montgomery, Recorder Cox and Councilman Andy Shamblin along with Nitro Fire Chief Jeff Elkins should be working to end the practice. It was discouraging to see they are not.It is surprising that Mayor Casebolt is allowing this to occur. Section 504 OUTSIDE BUSINESS INTEREST (you can see to the right)Members shall not conduct private business on duty which will in any way interfere with his/her responsibilities or job performance.So a firefighter can work another job while on duty and being paid as a Nitro firefighter.Section 508.1 Members shall not use the department for a mailing address for personal business.But the section makes no reference to using the fire department fax # to conduct personal business. This is outrageous in light of the fact members of council have been advised that Captain Shinn has been using the Nitro Fire Department fax number to conduct business for Shinnopoly Properties.

Mayor Casebolt needs to step in and make it clear that NO EMPLOYEE being paid by the City of Nitro will be allowed to conduct work for a side business nor use city resources to conduct business on city time while being paid by the City of Nitro.

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Did Mayor Casebolt Enter Into Another Agreement Without Vote of Council?

September 20, 2013 Nitro W. Va. - Did Nitro Mayor Casebolt enter into another agreement without a proper vote of council? cityofnitro.com has received information that he did enter into the agrement to purchase the Moody property before council actually voted. Check back for updates as this is still developing.

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Nitro Posts $29,000 Surplus

September 17, 2013 Nitro, W. Va. - Nitro Treasurer John Young gave the final financial figures for fiscal year 2013. According to Young the city posted a $29,000 surplus.This is good news for the city. But in light of recent spending a little concerning.Councilman Bill Racer stated that the city was in much better shape than it was 5 to 6 years ago. Councilman Racer is right any surplus is a good surplus. However, the surplus just five years ago was more than 317,000 which council was never made aware until the W. Va. State Auditors came to audit Fiscal Year 2009. (to the right you can see the audit finding noting the carryover that was neverIt is important to bring up these facts as members of council are always trying to rewrite history.

September 9, 2103 Nitro, W. Va. - cityofnitro.com wanted to bring relevant sections of W. Va. Code in the matter of Chief Elkins violating the rights of Nitro firefighter mark Jarrett to the attention of the readers of this forum.W. Va. Code Section 8-22-23a ( http://www.legis.state.wv.us/legisdocs/code/08/WVC%20%208%20%20-%2022%20%20-%20%2023%20A.htm )(a) ....Beginning January 1, 2010, and thereafter, if a member is charged with an offense that has the potential to lead to the member's termination, the member's municipal pensions and relief fund board of trustees may not consider the member's eligibility for disability benefits until after investigation of the charge is completed and any disciplinary decision is implemented.

(based on the notice of investigation letter sent to Captain Mark Jarrett from Chief Elkins and the 'scope' of the investigation - as it would not lead to a terminable offense the action of the members of the Nitro Fire Pension Board are in direct violation of the law) It is this section of code that Chief Elkins and Mayor Dave Casebolt are hanging their hats. There is just one problem. Chief Elkins sent his first notice of investigation to Captain Jarret in April of 2013. It was at this time Captain Jarrett used several sick days until he could get in to see his physician. As we know now the doctor advised after examination that Captain Jarrett was no longer fit to serve as a firefighter. This is when the process starts with the West Virginia Municipal Pension Oversight Board. As any firefighter being put off on a disability pension must submit to a second examination by a state appointed physician. Captain Jarrett submitted to this doctor who agreed with his own primary physician. At this point the paperwork is then sent to the Nitro Fire Pension Board - at which time a meeting is called to review the paperwork and take a formal vote (which is a formality) to grant the firefighter his disability pension. The Nitro Pension Board has had the paperwork on Captain Jarretts case for close to two weeks now and has taken no action to call a meeting. SOMEONE NEEDS TO READ THE SECTION OF LAW TO THE PENSION BOARD MEMBERS who for whatever reason are dragging their feet. Just remember pension board members, and all members of Local 1822, Mark Jarrett having his rights violated today - can be any one of you tomorrow.

(c) Effective for members becoming eligible for total and permanent disability benefits initially under this subsection or becoming eligible for total and temporary disability benefits under subsection (b) of this section after June 30, 1981, allowance for total and permanent disability payments, the amount thereof to be determined as specified in section twenty-four of this article, shall be paid to the member after a medical examination in accordance with subsection (a) of this section, two examining physicians report in writing to the board of trustees that the member has become so totally, physically or mentally, and permanently disabled, as a proximate result of service rendered in the performance of his or her duties in the department, as to render the member totally, physically or mentally, and permanently incapacitated for employment as a police officer or firefighter or, if the member has been a member of either of the departments for a period of not less than five consecutive years preceding the disability, the member has become so totally, physically or mentally, and permanently disabled, from any reason other than service rendered in the performance of his or her duties in the department, as to render the member totally, physically or mentally, and permanently incapacitated for employment as a police officer or firefighter. The phrase "totally, physically or mentally, and permanently disabled" shall not be construed to include a medical condition which may be corrected if the member follows a reasonable medical treatment plan or reasonable medical advice.(as you can see above the section of code clearly states: for employment as a police officer or firefighter. As there is a standard of physical fitness required for a firefighter. Chief Elkins seems to have an issue with Captain Jarrett being able to continue work at his second job. A second job which has no standard of physical fitness.)What is most disturbing to cityofnitro.com is that these 12 men in this department are suppose to be able to trust one another with their life. But how can you trust another man with your life when they do not even have your back when it comes to filing for your disability pension or standing up for the best interest of the union itself. There is a clear divide in the Nitro Fire Department. How can you trust a Chief who is clearly using their position to further a personal agenda and grudge he has had for years but until now was not in a position to do anything about it. This whole matter is nothing short of SAD because it is driven by nothing but personal grievances and nothing to do with the law, policies or procedures or the actual facts and circumstances surrounding the situation in which Captain Jarrett now finds himself.One Question for Chief Elkins: Chief, how can you accuse a man of abusing sick leave when his physician and a second physician selected by the state have both stated the man is not physically fit to meet the standard of a firefighter and both agree that he is to be put off on a disability retirement? The following link will take you to the West Virginia State Municipal Pensions Oversight Board: (the site has all relevant links and protocol when a firefighter files for disability pension) http://www.mpob.wv.gov/Pages/default.aspx

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Chief Elkins Violating Rights of Firefighter

September 9, 2013 Nitro, W. Va. - Is Nitro Fire Chief Jeff Elkins violating the rights of firefighter Mark Jarrett? That is the question. Chief Elkins even after being advised that the injury Jarrett received more than two years ago was going to leave Jarrett having to retire early from the department under a disability retirement is doing all he can to find a reason to deny him his pension and violating his rights.

Chief Elkins gave Jarrett a three day suspension for (according to Elkins) violating the Nitro Sick Leave Policy. This was June 25, 2013. Now you must keep in mind that Jarrett had turned in his paperwork to the Nitro Fire Pension Board on May 28, 210 that he would be requesting his permanent disabilty pension. What is interesting about the three day suspension is that it is in direct vioaltion of the Progression of Discipline in the Nitro Fire Department. Before you can suspend an employee you must first do the following:

It looks like Chief Elkins is jumping the steps in the matter with Jarrett.

Jarrett was never called in for a verbal warning and then provided a written warning. Elkins jumped right to suspension. Jarrett declined to challenge as he knew he would be leaving and did not want to have to deal with Elkins in the process to challenge the discipline given. I think everyone remembers the fiasco that Nitro Fire Captain A.J. Shinn caused when he challenged the suspension given to him (after a verbal and written warning) that process ended up costing the city more than 30,000 and Shinn ended up having to serve the suspenion in the end) This case is clear. Jarrett would have gotten the suspension overturned based solely on the fact Elkins violated the Progression of Discipline. Still Jarrett did not want to cause any additional internal conflict within the department.

What is even more disturbing is that Elkins is continuing with his harassment and pursuit of Jarretts pension after the State appointed physician agreed with Jarretts personal physician. Now that Chief Elkins has been advised the state appointed physician agreed that Jarrett no longer met the standard of physical fitness for a firefighter he doubles down. Elkins sent Jarrett a letter dated 09/03/2013 (see below Chief Jeff Elkins Continues Harassment of Nitro Firefighter) stating that after he had been suspended for violating the Nitro Sick Leave Policy he is going to go back and investigate again. Someone needs to advise Chief Elkins that once you have disciplined a man (even though in violation of the Progression of Discipline) you can not go back and investigate to punish again.

It appears Chief Elkins is the only one in need of disciplinary action. As he is the only one who actually appears to be violating policy and procedure in the Nitro Fire Department.

Nitro Fire Pension Board Stalling

September 9, 2013 - Nitro, W. Va. - Are the members of the Nitro Pension Board failing to do their duty and stalling to meet on the matter of Mark Jarrett? The Nitro Pension Board meets monthly (usually the last Friday of the month) and recently cancelled the meeting scheduled for August 30th. This was the first time a meeting had been cancelled in the last 6 to 8 months. Why was that meeting cancelled when they had a matter pending before the board?The current members of the Nitro Fire Pension Board are:Chief Jeff ElkinsMayor Dave Casebolt - Chairman of the board / has no voting authorityJonathan Atkins - Secretary of the BoardNate ArthurOpen Position - (formerly held by Mark Jarrett)There was a recent vote to fill the vacated seat. The ballots should still be sealed to be opened at the next meeting of the pension board. Will the pension board not call a meeting until the last Friday of September?What is concerning is that there appears to be a concerted effort to delay the processing of Mark Jarretts paperwork through the Nitro Fire Pension Board. It may just be coincidence that the pension board has not called a meeting to take up the matter of the paperwork of Mark Jarretts pension and to open the ballots of the most recent vote to fill the seat vacated by Jarrett. But as the days go by with no action what other explanation be given to explain the inaction by the pension board?It is clear that Chief Elkins is trying to AFTER THE FACT build a case against Mark Jarrett. Grasping at anything to build a case for termination of this firefighter. A firefighter with more than 18 years of service. A firefighter who suffered an injury on the job over two years ago - causing already one knee replacement and other medical procedures. An injury that in his lifetime will require many more procedures and one if not two more knee replacements. A man who continued to work as long as he could - until it became clear he was no longer able to meet the physical standard of a firefighter. A physical standard that not one but two doctors have agreed Jarrett can not meet.But still we have Chief Jeff Elkins and Mayor Casebolt trying to say Jarrett somehow abused sick leave. This whole action by Chief Jeff Elkins is clearly nothing more than harassment and an abuse of his authority as Chief.All one has to do is follow the timeline and the documentation. (check back for updates - more documentation and audio to be posted).

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Chief Jeff Elkins Continues Harassment of Nitro Firefighter

September 7, 2013 Nitro, W. Va. - Nitro Fire Chief Jeff Elkins doubles down on his harassment of Nitro Fire Captain Mark Jarrett. Jarrett has been diagnosed disabled to perform the job of a firefighter by his primary physician and by a state appointed physician. Once a firefighter files for his disability retirement he must submit himself to an appointed physician by the state in order to get a confirmation diagnosis. Captain Jarrett submitted his letter to the Nitro Fire Pension Board on 05/28/2013. That is a full 79 days before Chief Elkins put him under Investigation for abusing sick leave. Chief Elkins is either a moron or he thinks everyone else is a moron. Because how in the world can you put a man under investigation for abusing sick leave when you know that his doctor says he is no longer physically fit to do the job of a fire fighter and then have the state doctor conquer. cityofnitro.com thinks this boils down to Chief Elkins and Captain Jarretts long standing dislike for one another and Chief Elkins using his position to take retaliation against Jarrett. Chief Elkins along with Mayor Dave Casebolt have started this campaign after learning of a change in the law. They found out that if a firefighter is under investigation they can potentially keep that firefighter from getting his pension.There is audio that cityofnitro.com has obtained that will show the clear bias of both Chief Elkins and Mayor Casebolt toward Captain Jarrett. (still processing - check back for updates)This whole investigation is bogus. No court of law is going to uphold an investigation (and any action stemming from) for abuse of sick time that started more than two months after a man has notified the department he is submitting for his disability retirement and been diagnosed as disabled by not just one but two doctors.Now as you can see the letter to the right is concerning the second job that Captain Jarrett has had for some time now. Second jobs are not uncommon in Nitro. In fact second jobs and those jobs being worked on city time is not uncommon in Nitro. Captain A.J. Shinn works his side job as an independent contractor with Lowes while he is on duty in Nitro. He uses city equipment to communicate for that side job. But cityofnitro.com digresses.Captain Jarrett does have a second job and that is totally irrelevant. The fact a man has been diagnosed as physically disabled from being able to meet the standard of fitness for a firefighter does not mean he is not able to do another job that is not physically demanding.In fact cityofnitro.com is aware of a disabled Charleston firefighter who has held jobs since receiving his disability pension more than thirty years ago.

In Nitro there is a case that was filed when former Mayor Ashley was in office. Firefighter Ronny Faulknier had a job outside the city but was disabled (due to an injury received while a firefighter) and unable to perform his duties as a firefighter. The court ruled one thing had nothing to do with another. On another job Faulknier didn't have the lives of others in his hands. The court ruled against the City of Nitro and Mayor Ashley. Perhaps Mayor Casebolt should have their attorney Johnnie Brown pull those court records and review them before they cost the city hundreds of thousands of dollars in another harassment suit against the city.The letter above Chief Elkins is asking for a written statement by his doctor explaining how he is able to perform work for another company but not able to perform for the City of Nitro. HEY CHIEF ELKINS - being a firefighter is much more physically demanding on the body than sitting on your but driving where the most taxing thing you may do is push a button. Can't the City of Nitro send Jeff Elkins to an administrative training class. This man needs administrative/management training A.S.A.P. The city may want to consider sending Mayor Casebolt along as well.

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Follow Up: Mayor Casebolt Targeting NFD Firefighter

September 7, 2013 Nitro, W. Va - this is a follow up to the posting on 08/30/2013) - In the audio published 08/30/2013 you heard how Mayor Casebolt wanted an investigation of firefighter Casey Mathes. An investigation into an allegation that Mathes while on duty spent 3 to 4 hours at his mothers house. An allegation that after investigation proved to not be true. However, Casebolt persisted. Casebolt had more than one supposed date of the incident. Then when determing a date Casebolt had the wrong Captain in charge (you will hear this on the audio to the right in a follow up meeting regarding the matter). Once Casebolt realized that the Captain in charge was not Captain Shawn Alderman but his friend Captain A.J. Shinn the matter has just hung open with no resolution. What is unbelievable is that in the audio to the right you will hear Casebolt acknoweldge the fact his friend Captain A.J. Shinn had been sleeping through calls and to date there has been NO investigation into Captain Shinn and his failure to do his job. You will recall in the initial audio posted on 08/30/2013 Mayor Casebolt stated that the supervisor should be held accountable if a subordinate left the station for 3 to 4 hours then not only the subordinate but the supervisor deserved to have action taken against them. But once he was made clearly aware that it was his good friend A.J. Shinn no action has been taken. The following mark points on the audio are notable:Mark Point :48 Mayor Casebolt says that he will make the picture available. In fact he has never made the pictures available and there is a action pending in Kanawha County Circuit Court regarding this matter.Mark Point 3:03 Problem is somebody is lying.Mark Point 4:40 What happens if they lie?Mark Point 7:00 States there is a videoMark Point 8:20 Mayor Casebolt states Childers (firefighter who quit shortly after hired) was not with Mathes on the day in question and he knows for a fact. Mayor further stated Childers walked unsolicited into his office and said Casey had been gone for 3 1/2 hours. Mark Jarrett tells the Mayor that he had a text from Childers to Casey denying the incident.Mark Point 9:40 Captain not telling if it happened. That is what Mayor Casebolt wants to know - the whole nitty gritty of it all.Mark Point 10:15 Mayor is asked if he knew the Captain and he said Captain Alderman. Mark Jarrett tells him it was not it was A.J. Shinn.Mark Point 10:49 Why would A.J. lie. Mayor Casebolt said maybe because he slept through a call and doesn't want everyone cracking down on him.Mark Point 11:40 Mayor says if this guy comes in and shows the picture and then a video. Then the firemen tells the person who took the picture he was gone for 3 1/2 hours and then the Captain was mad because he didn't know where he was. Mayor thinks the person this so called firefighter told that Mathes was gone 3 1/2 hours was confronted by the person who took the picture - he might fess up. Well cityofnitro.com has an opinion here. A firefighter knows that it is a terminable offense to lie during an investigation in the fire department. But gossiping in the community is not a terminable offense. cityofnitro.com thinks there are people saying things in the community that can not be substantiated.

Mark Point 13:49 cityofnitro.com didn't think Mayor Casebolt could say anything funnier than "accusated" but he has outdone himself. When he says coincidence - it is extremely funny.

Mark Point 14:17 Mark Jarrett asks for pictures and Mayor admits he doesn't have them.

Mark Point 15:29 Mayor Casebolt admits he doesn't have a problem with the very thing he has been pushing to have a letter placed in the fire of a firefighter.

Mark Point 18:15 Mayor said two things. 1. Captain doesn't even know a guy left. 2. Mayor states it is early in his administration and if he didn't make some noise then it says anyone can do it. (Why is he pushing so strong against Mathes and asks for no action against Shinn - cityofnitro.com thinks sleeping through calls is much more serious than a man with a truck and a radio who can respond at a moments notice)

Mark Point 20:15 Mayor Casebolt says he knows why people are lying but wont say.

Mark Point 31:35 Mayor Casebolt stated Mark thinks I want to run the fire department. Mark Jarrett advises the Mayor No, I think Craig Matthews wants to run the fire department through the Mayor.Mark Point 32:00 Mayor says Craig Matthews has been outstanding for the fire department. That he got two new trucks. Mark Jarrett said Craig went out and paid for those trucks - he (jarrett) thought the citizens of Nitro paid for those trucks. cityofnitro.com thinks this is one of the big problems in Nitro. The elected officials think they are actually providing things for the departments. They are not. They are simply the representatives of the people of Nitro.Mark Point 34:15 Chief Hedrick advises Casebolt not to circumvent the civil service.

Mark Point 38:00 Mayor admits again that he is aware of two calls that Shinn has slept through.

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Mayor Casebolt and Chief Elkins Lie in Meeting with Firefighter

September 7, 2013 Nitro, W. Va. - Nitro Mayor Dave Casebolt and Fire Chief Jeff Elkins were not honest during the intitial interrogation of Nitro Fire Captain Mark Jarrett. Jarrett who suffered an on the job injury more than two years ago. Since that injury Jarrett has had to have a knee replacement and other medical procedures. What needs to be noted is that Captain Jarrett had been declared disabled from being able to perform the duties of a firefighter by his primary physican and a confirmation by the state physician prior to Chief Elkins and Mayor Casebolt initiating this so called investigation into abuse of sick leave.During the initial interrogation which took place in the Mayors office on August 27, 2013 Chief Elkins and Mayor Casebolt stated that Captain Jarrett failed to return phone calls and text messages. Audio of second half of that meeting is below under (Audio from Explosive Meeting in City Hall). Mayor Casebolt even stated that Captain Jarrett failed to fill out paperwork in city hall for his time. This to was false. Below you will see copies of the paperwork submitted June 27, 2013 with personnel director Mary Beth Burt. Captain Jarrett was advised he had to use his vacation time. As you will see in the handwritten notice by the personnel director Jarrett would be marked down with sick time until the approved vacation forms from Chief Elkins were received. Chief Elkins must never have gotten around to approving the vacation time. What needs to be noted is that during this time Jarrett had already been put off duty by his primary physician. Which means his primary physician has already stated he was not able to meet the physical demands of being a firefighter. Also this is after the states physician agreed with his primary physician. Which makes this whole effort by Elkins and Casebolt questionable at best.As a citizen I would like to thank Captain Jarrett for using his vacation time and not sick time during July 2013. Since he would be due and owed his vacation once the disability retirement is formally voted on by the Nitro Fire Pension Board. Typically this would just be a formality. But since we are in Nitro and we have elected and appointed officials who are using their positions to carry out childish personal grudges. I mean Chief Elkins actually was a lone NO vote for former Chief Hedrick (who served the city for more than 32 years as a firefighter) to receive his pension. Agian, this was just a formality since Hedrick had submitted his retirement papers. But Elkins who has carried a personal grudge and bias for years now used his position to vote NO on a man receiving his pension.Union firefighters in Nitro should be coming together to fight this abuse of power by Elkins and Casebolt. Because Captain Jarrett today anyone of them tomorrow. The union firefighters should also be considering a vote of no confidence in Jeff Elkins to remove him not only from the Union but the Nitro Fire Pension Board.

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Chief Elkins Motives Questioned in Recent Pension Dispute

August 30, 2013 Nitro, W. Va. - The motives of Nitro Fire Chief Jeff Elkins are in question after it was revealed that he voted to deny former fire Chief Hedrick his pension. Why would a firefighter vote against a member receiving their pension that they had worked for over their tenure with the department? Chief Hedrick had served in the Nitro Fire Department for more than 30 years never had any disciplinary action or issues that would even question his right to his pension.

Chief Jeff Elkins is/was under no obligation to explain his lone NO vote. Members within the department have stated the issues between the now Chief Elkins and former Chief Hedrick started when Chief Hedrick named Captain Mark Jarrett ex officio of the Nitro Fire Department over at the time Captain Jeff Elkins. Members also state that Captain Elkins has never gotten over what he thought a personal insult.

Is this why he voted NO for Chief Hedrick when the pension board had to go through the formality of a formal vote? Is this why he is now targeting Captain Mark Jarrett? The seat on the Nitro Firemans Pension Board previously held by Captain Jarrett is now open. The members are currently voting to fill that seat. Even this process is not following the historical process. No notice was posted in the department that a vote was even being taken. The ballots have numbers on them for this vote. The ballots have never been numbered in the past. Who put the numbers on the ballots? Nitro City Recorder Rita Cox is responsible for the voting process for the pension board. Why is she going along with a change to the process or is she even aware?

Thankfully a firefighter realized what was going on and members who have not yet voted are coming in to vote. Once this realization was made a question was made as to the number of votes that had currently been cast. Only 5 members of the 12 man department had been aware to be able to vote. All votes have to be into City Recorder Cox by 3:00 pm today.

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Mayor Casebolt Targeting NFD Firefighter

August 30, 2013 Nitro, W. Va. - Since taking office July 1, 2012 Nitro Mayor Dave Casebolt appears to have been targeting a member of the Nitro Fire Department. Lt. Casey Mathes a 15 year veteran of the Nitro Fire Department has been a target of not only Mayor Casebolt but Nitro City Treasurer John Young.Within eight weeks of taking office Mayor Casebolt was wanting an investigation of Lt. Mathes. Claiming he had evidence that Lt. Mathes, while on duty was at his mothers house for 4 hours. When he first raised this issue he claimed to have photographs, later claimed to even have video of Lt. Mathes that would prove his allegation. Casebolt has stated that a citizen took the photos and brought the issue to his attention. Mayor Casebolt even stated that after receiving this "citizen complaint" he just happend to be driving by the location and also was a witness to the event.Just one problem according to Lt. Mathes, his shift commander (on that day) and fellow firefighters on duty this event never happened.cityofnitro.com has obtained audio of meetings held in city hall to discuss this matter. To the right is one of those meetings. While you listen to the audio keep in mind that Mayor Casebolt believes that the Captain in charge on that day was Captain Alderman - but Captain Alderman was off that day and Captain A.J. Shinn was in charge. Captain Shinn is on record stating that the event never happened. (There will be additional audio on cityofnitro.com so you can hear Mayor Casebolt stating the Captain on duty was Captain Alderman only to be corrected by Mark Jarrett - check back for updates)The following marks on the audio are notable:Mark Point :48 Mayor Casebolt coins new word "accusated" uses multiple times.Mark Point 1:35 to 2:10 Day it happened. Mayor Casebolt would never give the date in spite of at this mark point and others he knows for a fact the day, the time and how long Lt. Mathes was at a residential location.Mark Point 3:10 Mark Jarrett makes point to remind Mayor Casebolt of his own words, "If it is not in writing it didn't happen."Mark Point 3:57 Mayor stated there was a reason why he is backtrackig on this matter - but he won't say.Mark Point 4:40 Not only is the subordinate in trouble so is the supervisor. (keep in mind at this time the Mayor thinks Captain Alderman was in charge on that day)Mark Point 5:49 Mayor states conversation he had with Captain Alderman about some people getting away with things and others can't.Mark Point 6:35 Chain of CommandMark Point 7:00 John Young interjects in the meeting. (Why is John Young present and why is he commenting on this matter?) Mark Point 7:45 John Young says Lt. Mathes was at his girlfriends house.Mark Point 8:35 Mayor states letter coming out today that states any firefighter can come to him. If there is an issue that has been documented and nothing has been done you can bring to the mayor. Nothing is going to stop at the Chief of the department.Mark Point 9:39 Mayor states the fire chief told him not to do it again. (cityofnitro.com has contacted the former chief and that is not true. What was said was he asked Lt. Mathes if it happened. Lt. Mathes said no. The chief then said if he did do this then he shouldn't do it again.)Mark Point 11:06 Mayor pulls out FOIA he received. (This FOIA was for the picuteres Mayor Casebolt claimed to have. Casebolt goes on to state we are talking about a personnel issue and someone is talking to Ms. Terry and that is totally improper, extremely improper. Mayor Casebolt must have forgotten about when he was on council along with then Captain Jeff Elkins wife Laurie Elkins was discussing personnel matters (so called harassment) in open council. When no complaint was ever filed by her husband or any other firefighter. Complaints have been filed in the last 6 months that have gone nowhere. Chief Elkins and Mayor Casebolt have done nothing with those complaints)Mark Point 14:35 Nip it in the bud. Because if nothing done it tells every man in the department that they can do it. (The Mayor is so passionate here but nothing has been done when Captains are sleeping through calls in the fire department. You talk about morale. When a call comes in and the Captain in charge doesn't even get out of bed. Then firefighters are told by their Chief that the Captain can use their discretion on whether or not they get out of bed.)Mark Point 17:30 Mark Jarrett tells the Mayor it sounds like he wants to run the fire department.Mark Point 18:26 Mayor says people are blaming him about this. (But who could blame the mayor. No one outside would even know about something like this)Mark Point 18:58 Mayor Casebolt contradicts himself. If the men working didn't know he was gone - then how could they then say they knew what time he left and then what time he came back.Mark Point 21:00 Mayor wants letter of warning and then a letter to every man in the department.Mark Point 22:50 John Young commenting. (But why in the world is he to even be in this meeting let alone a part of this conversation.)Mark Point 24:31 John Young said he wanted it documented and then Lt. Mathes to sign it. Goes on to say he wants it in his file.Mark Point 25:12 Mayor stated that Lt. Mathes had done this before. Walked off the job and he didn't do anything about it. Stated he has had a lot of people complain to him about that citizens, everyone. Because there are people after Casey's throat. Stated Casey said he was leaving and came back the day the former Police Chief was fired. (Again, we know Dave Casebolt is not being honest. Because once again, no one would have known Lt. Mathes left for an hour and came back that day. Lt. Mathes had been on duty for 4 straight days due to the superstorm that came through and the state of emergency the city was under. So for him to have left to help his stepfather clear out his office when he had been on duty for four days was no big deal. Lt. Mathes had his radio on him at all times during that hour to help his stepfather. And how in the world would any citizen have ever even known about it? They wouldn't that is the point.)

Mark Point 26:45 Mayor Casebolt says this just proves what everyone was thinking the FD and PD was running Rusty and now their running Dave. (from speaking with citizens in the community this was what was being said because Casebolt and his team were saying it)

Mark Point 27:04 Mark Jarrett told the Mayor he couldn't support him as Mayor because the former Chief was his friend. But once he was elected he has supported him.

Mark Point 29:15 Mayor talks about morale issues if nothing is done. (What is concerning is the mayor picks and chooses what issues he will address and those he will not. He was on this matter like a fly on excrement but nothing about a Captain continually sleeping through calls.)

Since the meeting above and the other meeting on record Lt. Mathes has filed complaints through the chain of command. Detailing on the job harassment. One specific complaint deals with city treasurer John Young following him and taking pictures while he is on duty. Lt. Mathes was on dinner break having dinner and John Young was parked across the street taking pictures of Lt. Mathes. When Lt. Mathes finished his dinner break and was headed back to the firehouse he notified his shift commander Captain Alderman that he was being followed by John Young and documented the incident. In fact while on the phone with his shift commander John Young pulled across the street from the firehouse and parked. To this day no official action has been taken on this complaint.(pictures below - first on left shows John Young across the street from where Lt. Mathes was having dinner. The second on left shows him shortly thereafter across the street from the firehouse.)Lt. Mathes has followed up with the Mayor directly and was told by the Mayor he had instructed that action be taken to investigate the matter. Lt. Mathes followed up and was told that the matter had been turned into the Putnam County Prosecutors Office. Lt. Mathes contacted the Putnam County Prosecutors Office and no such action had been taken. Mayor Casebolt noted specifically in the audio above that any firefighter can come to him if an issue is not being addressed through the proper chain of command. As a citizen I would prefer the engergy of the mayor and investigatory powers be used to find out why and how a Captain is allowed to continue to sleep through calls.Be sure to check back for updates.

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Are Members of the Nitro Fireman's Pension Board Trying to Block Firefighter From Getting Pension?

August 28, 2013 Nitro, W. Va. - Are the members of the Nitro Fireman's Pension Board actively working to try and block Captain Mark Jarrett from receiving his pension? This is the question after a review of the facts as shown below:- Nitro Fire Captain Mark Jarrett was injured on the job more than two years ago. Since that injury he has had a knee replacement and multiple medical procedures.- In May of 2013 after being under a doctors care since his injury on the job had to take the advice of his physican and finally put in for his permanent retirement under a medical disability. - After submitting his paperwork Captain Jarrett then was subjected to a physical examination by a doctor designated by the State. Captain Jarrett went to that physician and received his letter confirming his doctors diagnosis more than two weeks ago.- Once the State doctor sends their assessment to the State it is reviewed by a medical review board. Again, Captain Jarrett received his confirmation more than two weeks ago.- Once the medical review board confirms the two physician opinions match - then notice is then sent to the Nitro Fireman's Pension Board.

Once the two doctors concur and the state doctor agrees with the primary physician of Captain Jarrett. That is game over and Captain Jarrett is entitled to his pension. W. Va. Code 8-22-23a(a) "Disability benefits shall be awarded if in the opinion of two of the examining physicians the member is by reason of the disability unable to perform adequately the job duties required."

The Nitro Pension Board is acting like the paperwork and pension of Captain Jarrett is confidential and can not be discussed. This is not true. The meetings are open to the public and the status of the paperwork is not confidential in nature in fact the status of any member of a paid body is public information.

The current members of the Nitro Fireman's Pension Board as listed below:

Chief Jeff ElkinsMayor Dave Casebolt - Chairman of the Board / has no voting authorityJonathon Atkins - Secretary of the BoardNate ArthurOpen Position - (formerly held by Mark Jarrett)

There was a change in the law about two years ago that states a public pension may be withheld if a member is under an investigation. However, this was not the case with Captain Jarrett. In fact the so called investigation did not begin until after Captain Jarrett turned in the paperwork stating the State doctor was in agreement with his own physician. Two weeks after the fact Captain Jarrett is notified of the investigation started by Chief Elkins. This investigation states that Captain Mark Jarrett abused his sick time. Really Chief Elkins - a man who has been under continued doctors care is abusing sick time?

Chief Elkins this doesn't even pass the smell test.

Prior to Captain Jarrett turning in his paperwork for his disability in May there has never been an issue with abuse of sick time. No verbal warnings, no written statements, no suspensions. It seems as though Chief Elkins hasn't let go of the fact he was passed over for Mark Jarrett when the prior Chief was naming an ex Officio of the department.

By using his sick time he has saved the pension board thousands of dollars. By continuing to work for more than two years after the initial injury he has saved the pension board at a minimum 50,000. The pension board if it was an unbiased body would/should be thanking Captain Jarrett for saving use of their funds.

The thought of any firefighter fighting against a brother firefighter receiving his pension that he has worked for is unimaginable. The firefighters in Nitro better stand up and fight this now. Because Mark Jarrett is the target today - who will it be tomorrow.

This would not be an issue in a city where elected officials acted in accordance with what was best for the city instead of furthering their own petty local fueds and agendas. But we are talking about NITRO so who would expect anything else.

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Audio from Explosive Meeting in City Hall

August 27, 2013 Nitro, W. Va. - To the right is the second half of the meeting which was held today in Nitro City Hall. Mayor Casebolt and Chief Elkins are totally out of control and out of line. Just in the 10:16 it is clear that the rights of Mark Jarrett as a fire fighter in Nitro have been violated by not only Chief Elkins but City of Nitro Mayor Dave Casebolt.The following marks on the audio are notable:Mark Point :55 you can hear Mayor Casebolt reference a previous recording. This recording was of a meeting held in the Nitro FD. So who has been bringing audio to him to listen to of meetings held with the men in the department.Mark Point 1:34 Jeff Elkins is stating that Mark Jarretts doctor would, "well you know they will release more than you think." He is talking about Mark Jarretts personal medical information and that he would not need Mark Jarretts authorization for him to ask questions of his doctor. Jeff Elkins had presented Mark Jarrett with three written questions he wanted Mark Jarrett to answer relating to his medical care. Mark Jarrett refused to answer the questions stating his doctor had already provided documentation regarding his condition.Mark Point 4:40 Mark Jarrett outlines and Jeff Elkins acknowledges the Progession of Discipline was not followed in his case.Mark Point 5:45 Mayor Casebolt advising their attorneys (ie. Johnnie Brown of Pullman, Fowler, Flanagan, Brown and Poe, PLLC) had advised they could violate Mark Jarretts rights and the fire fighters bill of rights. This would not be the first time Johnnie Brown has given advice that has led to a loss in Circuit Court.Mark Point 6:20 Mayor Casebolt comments on the recorder on the desk. "He's recording this"Mark Point 7:35 Mayor Casebolt starts talking about Mark Jarrett not showing up for work or filling out vacation or sick time request forms. The man had already turned in his paperwork from his doctor that he would be retiring under a medical disability. Why in the world would Mayor Casebolt be looking for him to come to work or fill out vacation or sick time request forms. It is this moment that shows the utter ignorance of the Mayor. Mark Jarrett even states, "Why are you trying to find me when the doctor said I couldn't work?"

Mark Point 8:20 Mayor Casebolt grabs Casey Mathes recorder. Getting up from his desk.Mark Point 9:12 You can hear fire fighter Casey Mathes telling the Mayor to keep his hands off him.Mark Point 9:17 you can hear Chief Elkins state, "He didn't touch you." When he was right in the room and clearly could see the mayor put his hands on Casey Mathes. Mayor Dave Casebolt even acknowledges touching Casey Mathes.The Nitro Fire Department is in free fall under the so called leadership of Chief Elkins. There is much more to come on the unfair treatment, harassment, the failure to respond to formal written complaints and the Chiefs attitude about Captains or specifically one Captain using their "discretion" on whether or not they have to get out of bed when a call comes in to the fire house.cityofnitro.com has a concern that the lack of leadership and allowing Captains or one Captain to sleep through calls leaving fire fighters out in the field with no back up awake in the fire house could lead to a very serious public safety issue.Something has to be done about the lack of control in the fire department. Mayor Casebolt has shown that he is not going to do the job. So I guess we are left with the members of council to step up and take control of the situation.We will just have to wait and see what happens. Be sure and check back for updates.

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Petition to Remove Former Council and Mayor From Office

Where is Activist Karen Fritz When The City Needs Her Most?

August 27, 2013 Nitro, W. Va. - In December of 2007 Nitro resident Karen Fritz filed an action in Kanawha County Circuit Court. It was a "PETITION TO REMOVE RITA COX, BILL CLARK, BRENDA TYLER AND JOE SAVILLA FROM OFFICE AS ELECTED OFFICIALS OF THE CITY OF NITRO, KANAWHA COUNTY, WEST VIRGINIA" In the action filed by Karen Fritz she stated the following points warranted the removal of the elected officials from office:I. The above council persons gave aid and comfort and support to the illegal counduct of the former City Treasurer in that: a. They failed to require the Treasurer to post a bond for eighteen months, contrary to the provisios of Chapter 6, Article 2, Sections 1, 4, and 11 of the West Virginia Code, and thereafter modified the amount of the bond from $15,000.00 to $10,000.00 by municipal ordinance resolution, contrary to the provisions of Chapter 2, Section 1 and Chapter 1, Section 7 of the Charter of the City of Nitro. b. They permitted the City of Nitro and the City Treasurer to operate without making the required financial statements as required by West Virginia Code 8-13-23 and Chapter 2, Section 8 of the Charter of the City of Nitro.(It needs to be noted that the city insurance company Jim Lively sent a letter to the former treasurer advising her that she was covered under the cities insurance policy in the amount of 2,000,000 for any mishandling of city funds. Once it was brought to the former treasurers attention that letter was true but the 10,000 bond was still required, the former treasurer had the proper bond in place within 48 hours. The city treasurer was one of six employees not properly bonded at that time)II. The above named respondents allowed and permitted unlawful expenditures of monies in excess of the amount allocated to the fund in the levy order and in excess of the funds available for current expenses. a. The above referenced members of City Council permitted the City to incur expenses as noted above, far in excess of the City Budget, by their nonfeasance, misfeasance, incompetence and neglect of duty, shown expenditures being prohibited by the provisions of 11-8-26 of the West Virginia Code.(It needs to be noted and you can see below that the current treasurer John Young CPA has been in violation of the above for four consecutive fiscal years. Terry was also in violation but she had only held the position of treasurer for less than 16 months and only one full fiscal year. Based on no records, no audit for 6 years prior to her coming to Nitro, no computer system and Karen Fritz up her behind every day not really surprising. But in that 16 months she did manage to increase the cities annual revenue by more than 700,000 a year. Revenue that comes in annually to this day and without would have the city in a very serious financial situation today.)There was a III. which you can see below in the actual filings and petition.What is interesting to note is that Karen Fritz got as the second signature on her petition - none other than current Nitro Mayor Dave Casebolt. You can also see the actual petition below. What is funny is that the court action filed got nowhere in Kanawha County Circuit Court. However, if the same petition were to be filed today with the names of "RITA COX, BILL JAVINS, ANDY SHAMBLIN, LAURIE ELKINS, BILL RACER and AL WALLS" the court action might stand a good chance of actually suceeding.The West Virginia State Auditors Office notified city officials that under current Treasurer John Young CPA the following:2011 finding 2 - Failure to Submit Budget Revision to Appropriate the Unexpended Balance - General Fund Amount $611,058 2011 finding 3 - Expenditure in Excess of Amounts Allocated in the Levy Estimate - General Fund Amount $540,6052010 finding 3 - Failure to Submit Budget Revision to Appropriate the Unexpended Balance - General Fund Amount $929,8422010 finding 4 - Expenditure in Excess of Amounts Allocated in the Levy Estimate - General Fund Amount $434,3822009 finding 1 - Failure to Submit Budget Revision to Appropriate the Unexpended Balance - General Fund Amount $317,8802009 finding 2 - Expenditure in Excess of Amounts Allocated in the Levy Estimate - General Fund Amount $920,5072008 finding 2 - Expenditure in Excess of Amounts Allocated in the Levy Estimate - General Fund Amount $1,048,164 (this year was half John Young and half the former Treasurer Terry)The 2012 audit findings are not above as the report has not yet been released by the Auditors Office. However, the Auditor has already reported their findings to this council. The above two items were still noted in similiar amounts as listed above. So they have actual proof.They also have proof that the current Mayor Dave Casebolt has expended city funds without a vote of council. A vote after the fact does not count. This mayor recently cancelled the cities insurance. He then obligated the city on his own to expend funds without a vote of council to a new carrier without a vote of council or even putting it out for public bid. This is in direct violation of the cities purchasing policy for the City of Nitro. Nitro Attorney Johnnie Brown of Pullman, Fowler, Flanagan, Brown and Poe, PLLC advised Mayor Casebolt he did not need to consult council before or during his actions. It needs to be noted this would not be the first time Johnnie Brown has given advice to this Mayor that has led to a loss in Circuit Court.Where is Karen Fritz when the city actually needs her? Please see the court filing and petition below.

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Mayor Casebolt Has Meltdown in Meeting w/ Fire Fighters

August 27, 2013 Nitro, W. Va. - Nitro Mayor Dave Casebolt totally lost control this morning in a meeting regarding a personnel matter of a Nitro Fire Fighter. Mayor Casebolt actually put his hands on one fire fighter in anger. Nitro Fire Chief Jeff Elkins was also in attendance at the meeting. Once this explosive meeting ended Chief Elkins was seen in St. Albans meeting with Fire Chief Steve Parsons.

The word is that Nitro Mayor Dave Casebolt and Chief Jeff Elkins are attempting to take the pension from a fire fighter who recently had to submit his papers for retirement due to a medical disability. Stating that the fire fighter has abused sick time. It is yet to be determined how a fire fighter who has been under a doctors care for years can abuse sick time in the Nitro Fire Department. This fire fighter has had not one but two doctors state that he is medically disabled from being able to do the job of a fire fighter. The injuries sustained by this fire fighter were while he was a fire fighter. He has had a knee replacement and multiple medical procedures. While for years he was able to meet the physical demands of the job it is understandable as one ages and with a joint like the knee it would become difficult to meet the physical demands placed on a fire fighter.

Instead of thanking him for his years of service this Mayor and now Chief want to strip him of his earned pension. cityofnitro.com thinks this is morally wrong and unjust. This fire fighter has given 18 years to the Nitro Fire Department and earned his pension that he will receive. For an elected official and a fire chief with a personal grudge and agenda to take this action is just disgusting.

Mayor Casebolt could be heard yelling by news media from his office.

This is still developing. Check back for updates.

Nitro Again Without Licensed Building Code Official

August 6, 2013 Nitro, W. Va. - The City of Nitro is still without a licensed Building Code Official. June 28, 2013 the WV Gazette reported that Nitro building code official Captain Ron King had been working under a 2 year provisional license from the WV State Fire Marshalls Office. The provisional certification had lapsed September 30, 2012.

At that time Mayor Casebolt stated that the city had contracted with the City of Hurricane to conduct building inspections in Nitro.

Casbolt also stated that King would be taking a certification test in the next week or so to try and get full certification. It is that test the State Fire Marshalls Office stated King did not pass completely. King is currently prohibited from acting as the cities Building Code Official. He is one step below a Code Official and is listed as an Inspector. Word is that King will be taking yet another test to become licensed as a Building Code Official. But with the inability to pass the test in three attempts, how many more chances should be given. Does the city really want to rely on a Building Code Official who required so many attempts to just pass the test to become licensed.What is concerning at this time is due to the contract the City of Nitro entered into with the Nitro Fire Department the position of Building Code Official must be held by a Captain in the Nitro Fire Department. Currently with retirement and the city not replacing the rank of Captain the Nitro Fire Department has only Shawn Alderman, A.J. Shinn and Ron King currently holding the rank of Captain. According to city council which voted when they made A.J. Shinn a Captain the Nitro Fire Department should have five (5) captains.

The next in line for promotion from Lieutenant to Captain are Casey Mathes, Nate Arthur and Chad Mathes. But there has been no discussion of taking the steps necessary to promote from within and allow the three Lieutenants to test for Captain.By outsourcing the duties of the Building Code Official the city is violating the agreement they have with the Nitro Fire Department. This leaves the city vulnerable to a lawsuit by the Nitro Fire Department Union.

Nitro Swears in New Fire Fighter

August 6, 2013 Nitro, W. Va. - Nitro swore in new Nitro Fire Fighter Garrett Kiser at tonights council meeting.Kiser will be a welcome addition to the Nitro Fire Department. A fine young man with strong ties to the community. Even with this new addition the Nitro Fire Department is still short staffed.

The recent retirement of former Chief Hedrick, Captain Elkins assuming the position of Chief, the loss of Captain Mark Jarrett to retirement and the loss of two fire fighters who quit the department is still in need of manpower.

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RUBBER STAMP COUNCIL in Force During Council Meeting

August 6, 2013 Nitro, W. Va. - Nitro city council was out in a show of force to rubber stamp the actions of Nitro Mayor Dave Casebolt. As recently stated on this site Mayor Casebolt on his own after John Young renewed the cities insurance with Travelers through Garlow Insurance sent a Termination letter to Travelers. The city even sent a claim in to Travelers. Since this action by the Mayor the city pulled their claim and resubmitted to their new carrier.What was most disturbing other than the rubber stamp actions by the majority members of council was the total rude and disrespectul tone by members of council toward Phil Garlow of Garlow Insurance. Councilwoman Laurie Elkins couldn't have been more rude. When Phil Garlow was trying to explain how this whole matter was handled and that after all he had done for the city he expected a little respect. Councilwoman Elkins made a snide comment, "Respect is a two way street." Councilwoman Elkins obviously missed the memo where Garlow Insurance has saved the city more than 1.5 million in premiums since 2008. When Mr. Garlow was trying to explain that they were still working down ont the premium increase when this action was taken by Mayor Casebolt. Elkins continued with her snide remarks. Basically telling Mr. Garlow he should have done that before presenting the increase to the city.Perhaps Mr. Garlow should have taken that tone with the city in 2008. I am sure he never dreamed that he would be treated with such disrespect by members of council who have no clue as to the history of the dealings between his company and the city.Councilwoman Brenda Tyler did try and speak up about this matter. She along with Councilman Bill Javins, Councilman Bill Racer and City Recorder Rita Cox were on council together in 2007 when BRIM doubled the cities insurance premiums from 300,000 to 600,000. These members of council know all to well what happens when you don't have a good working relationship with your agent and carrier. Even when Councilwoman Tyler was trying to explain what happened in the past with insurance premiums Councilwoman Elkins snide comments didn't stop. "This is a whole new council. They made those mistakes not us." Councilwoman Elkins must have missed the history class when they taught when you don't understand and appreciate the mistakes made in prior years (history) that you are bound to repeat those mistakes.During Councilwoman Tylers remarks about how there was no discussion with council and in fact until she received the first email from Mr. Garlow she was not aware of any discussion about changing carriers. Other members of council were talking about meetings, discussions that had taken place over the course of five weeks. What is interesting about this is that not one discussion ever took place on council floor. Where items like this should be discussed among members of council. Councilwoman Tyler stated she was not aware of any meetings or discussions and City Recorder Rita Cox took the opportunity to tell her she needed to come across the street more often and ask. This is unbelievable. As a member of council she shouldn't have to come to city hall and ask what is happening and what discussions are taking place outside council and behind closed doors, she should be provided the information by the city officials in city hall. ALL members of council should be kept in the loop on all city matters.City Attorney Johnnie Brown has stated that Mayor Casebolt did not have to notify council of his actions. That he has the authority on his own to take the action he did. He has stated it is not uncommon for the Mayors of cities to make these decisions on their own. cityofnitro.com has contacted the cities of Charleston, South Charleston, Dunbar and St. Albans. Not one of those cities has a Mayor that makes decisions on their own. Charleston, Dunbar and South Charleston have all said they put their insurance out for bid and then either have a vote of council to confirm or then there is an administrative decision made. But all make council aware before the process. cityofnitro.com looks forward to finding out from Mr. Brown what cities in WV have Mayors actually make this type of decision on their own without putting out for bid and council input.If anything the reception Mr. Garlow received from this rude and disrespectful rubber stamp council was a message to other companies who may consider lending a helping hand in Nitro's time of need. Don't expect anything but a slap in the face for your efforts.Councilman Bill Racer actually said he didn't know if this decision was right or not but if it's not it's the Mayor who will take the blame. This is unbelievable since he was on council when BRIM doubled the cities premiums in 2008. He should know better than anyone - a so called immediate savings ends up costing the city dearly.Commercial Insurance Services has stated they will guarantee no more than a 3% increase in premiums over the next 3 years. Not including Workers Compensation. It is important to note that Nitro just had a 2 million dollar workers compensation claim in 2012. This is the second multi million dollar workers compensation claim in 8 years.

Travelers has paid out $3 for every $1 in premiums. In six years Travelers has increased premiums at less than 18% even with the Nitro loss record.Mayor Casebolt touted the change will save Nitro $85,000. This however, does not appear to be the case. cityofnitro.com will be bringing actual costs/savings to this site once provided by the city. Check back for updates.Only time will tell if the Mayor took this action because it was in the best financial interest of the city or if he was paying back yet another high school buddy and making good on another campaign promise. cityofnitro.com will be here tracking and providing the public the results.

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Council Given Opportunity to Reverse Action by Casebolt

August 6, 2013 Nitro, W. Va. - Nitro city council members have an opportunity at tonights council meeting to reverse the decision made solely by Mayor Casebolt to change the cities insurance Agent and Provider. Phil Garlow with Garlow Insurance who has been acting as the cities insurance agent since 2008 sent another letter to members of council today. Advising them that Travelers is still willing to honor their binder to the City of Nitro for the 07/01/2013 to 07/01/2013 period. The same coverage the city bound in writing. Garlow also supplied the rating worksheet for One Beacon by A.M. Best, the leading rater of financial strength for insurance companies in the world. The letter from Wells Fargo Insurance and the email to members of council along with the rating for One Beacon can be seen below.It needs to be noted that Nitro Mayor Dave Caebolt did not have the authority to take the action he did, in cancelling the cities current insurance and entering into a new agreement on his own without a vote of council. In fact Mayor Casebolt did not even consult the council before taking his action. A formal complaint has been filed with the West Virginia Ethics Commission on this matter against Mayor Casebolt.Mayor Casebolt is taking the position that he had authorization from Nitro City Attorney Johnnie Brown of Pullin, Fowler Flanagan, Brown & Poe advised him that he could take this action without a vote of council. cityofnitro.com has yet to be provided the section of code Mr. Brown is citing. Nitro has clear powers and authority outlined for the Mayor as well as clearly defined purchasing policies. It is the clearly defined powers and authority of the Mayor and the purchasing policies which led to the filing of the ethics complaint against Mayor Casebolt.Will Council step forward and take action against the Mayor or will the 'Rubber Stamps' be out in force. We will have to wait until after the meeting to know.Check back for updates.

Casebolt Bypasses Council to Change Insurance Agent/Provider

July 22, 2013 Nitro, W. Va. - Nitro Mayor Dave Casebolt avoids council to decide on his own to change the cities Insurance Agent/Provider. This is unprecedented in Nitro. As Nitro city council did not give the authorization to change the cities insurance agent/provider. Phil Garlow has been the insurance agent / advisor for the City of Nitro since March of 2008. This change came after BRIM doubled the cities insurance premiums out of the blue in the third quarter of 2007. It was this doubling of the cities premiums that directly led to the short term cash flow issue the city experienced in the last two quarters of 2007. Since 2008 Garlow Insurance has saved the city more tha $1.5 million combined dollars in annual insurance premium vs. the expiring BRIM package in 2008.

What is confusing about this transaction is that the City of Nitro renewed their insurance with Travelers through Garlow Insurance effective 07/01/2013. This can be seen below in the email from city treasurer John Young dated 06/28/2013. Then Nitro Mayor Dave Casebolt sends a letter on city letterhead with his signature stating the following, "The City of Nitro and Nitro Regional Wastewater Authority has purchased Property and Casualty Insurance from One Beacon and Worker's Compensation Insurance through Companion effective July 1, 2013. Please find attached Certificate of Insurance as evidence of coverage in order to flat cancel with Travelers Insurance Company effective July 1, 2013." The letter was signed by mayor Casebolt. This can also be seen below.An important thing to keep in mind is that the City of Nitro even turned a claim in to Travelers during the time John Young renewed the cities insurance and the time Dave Casebolt cancelled the cities insurance with Travelers. This claim was paid. As Phil Garlow stated in his open letter to council (which can also be seen below), "This is equivalent to buying a car on 7/1, having a wreck, and then returning it on 7/9 for a full refund --- it simply does not happen." The letter from Phil Garlow to the members of the Nitro City Council and the city attorney (members not totally accurate as he used the listing of council and attorney on file at www.cityofnitro.org - this has former Councilman Craig Matthews and former attorney Richie Robb still listed) is a must read. He outlines how the quote from Garlow was on record and known to competitors when Casebolt took the bid from another company. As stated by Garlow, "4) Between the renewal and cancellation dates, our proposals, premiums, and coverage were all provided to our competitors - in the greatest of detail. 5) The Mayor of Nitro, in a letter dated July 9, 2013, cancelled Travelers coverage effective 7/1/13 after issuing a bind request / renewal authorization in writing ( KMBT350 exhibit). In this industry, this never happens.

This move leaves the city vulnerable. There is serious concern that no elected official other than the Mayor was in on the decision making on an issue that based on the way the Mayor handled this leaves the city with only two other options for coverage. The endorsed provider of the Municipal Leage (please check the continued volatitlity of the endorsed carrier list of the past 15 years) and BRIM.What is even more concerning about this seemingly backdoor deal is that Mayor Casebolt has not even notified council - before or after his unilateral decision.Where will this leave Nitro? Guess we will have to wait and see if council stands up and reverses this outrageous play by Casebolt. An emergency meeting should be called and Garlow Insurance contacted immediately to rectify this seemingly unethical act by Mayor Casebolt.

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Casebolt Pushes Through $35,000 for Garbage Bags & Cuts Paving

July 16, 2013 Nitro W.Va. - Third time is a charm for Nitro Mayor Dave Casebolt. City Council voted 7 to 1 in favor of buying garbage bags for residents at a cost of $35,000. There was only one vote against this irresponsible waste of taxpayer dollars. That vote came from Councilwoman at Large Brenda Tyler. She stated as have other council members in the past that this was a misuse of city funds. With streets needing paved, homes needing to be torn down, Brookhaven needing dollars for street repairs why would council vote to waste $35,000. What was distubing about this vote is that it was after the issue had already been voted down by council during budget meetings. Mayor Casebolt was upset from the first vote. So for months he has stayed the course and coerced, pleaded or begged council members to vote for this inexcusable waste of taxpayer money. Over the last couple months council members Bill Javins, Andy Shamblin were strong voices for more paving if the city were to have a surplus. This due to the numerous streets needing to be paved in Nitro. Why did their vote and position change? They did not have any explanation this evening. Not even did they not get more money of the city surplus for paving, they are cutting the already set paving budget. Councilwoman Elkins stated that she voted for purchase of garbage bags because when she was campaigning she had people say they wanted garbage bags.Keep in mind that this 35,000 is a year to year expense not a one time expense.This is not the first issue where Casebolt initially had no council support for his desires that he found a way to push it through. Tyler made it clear that this was being done in a non fiscally responsible manner simply to allow Casebolt to fulfill another campagin promise.This vote also means that streets that had already been approved to be paved will go unpaved. After tonights city council meeting another meeting was held to determine which streets would go unpaved. Why in the world would the city elected members of this council vote to spend $35,000 on garbage bags when so many streets are in such desperate need of paving. When Brookhaven needs so much work. When homes are flooded because drains are not cleared. The city had a very small surplus for FY 2013 less than 70,000. Which makes the vote to allocate $35,000 for garbage bags clearly irresponsible.Wake up Nitro. While Mayor Casebolt is fulfilling his campaign promises the real work in Nitro is on the back burner.Vote Now - Garbage Bags or Street Paving? You can cast your vote by going to the Feedback Page of this website and submit your answer or you can text your response to 513-505-6216. Results will be posted 08/01/2013.

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Chief Elkins Initiating Investigation Into Release of Fax Showing Fire Fighter Using Department Equipment to Run Personal Business

By Tifney Franks Friday June 21, 2013

Nitro W. Va. - Nitro Fire Chief Jeff Elkins is initiating an investigation into who released information that a fire fighter was using department equipment for his own personal business. Chief Elkins to date has initiated no investigation into the activities of the fire fighter using department equipment to run his side business, which he calls Shinopoloy Properties.

You did read that correctly. He is more concerned about who released the fact a fire fighter was using department equipment in direct violation of fire department policy than he is the fire fighter who has blatantly been violating fire department policy.

To the right you will see a copy of the letter sent to me today by Chief Elkins. What needs to be noted is that Chief Elkins fails to realize that anything that is put through the fire department fax machine is public information.

I have requested only the transmission logs to show all incoming and outgoing faxes. This information is not exempt under Freedom of Information Act (FOIA).

Chief Elkins is clearly deflecting the attention away from the fact that his friend and subordinate fire fighter has clearly violated Fire Department Rules and Regulations and focusing attention on who made that fact public knowledge.

It is actions like this that show Chief Elkins is not equipped to lead. A leader will take action when necessary even if it is against their friends.

The following was the response to the ridiculous letter sent by Chief Elkins.

Tifney Terry-Franks <tifney11@gmail.com>2:39 PM (10 hours ago)

to nfdchief, dcasebolt, Rita

Chief,

I am sending this communication in response to your letter dated today 06/21/2013.

First let me state that whatever investigation you wish to launch in your department has no impact on the time frame for a response to a Freedom of Information Act (FOIA) under W. Va. Code 29B-1-1.

I will just say that I find it incredible that you would focus on who released the information that department policy was being abused rather than focusing on taking action against the fire fighter who blatantly violated said department policy.

It is my understanding this matter was raised through the normal chain of command but that you failed to take any action. That was the reason for my FOIA. I wanted to determine the time frame this had been allowed to go on without any action being taken.

You may wish to speak with the city attorney as you stated in your letter, "As part of the investigation, I will provide you the opportunity to state the individual responsible for divulging information protected by law." If you would please advise what you mean when you say, "....divulging information protected by law." Because a fax communication from Lowes to one of their independent contractors to the Nitro Fire Department would never fall under an item that would be exempt from FOIA. No fire fighter in the Nitro Fire Department using the fire department fax machine has an expectation of privacy.

Also, I am under no obligation to advise you who provided me with any public information. I will however save you some time in your investigation - I did not receive my information from any fire fighter in your command.

Isn't this like the time you went on to the fire department server and accessed a letter of a fire fighter that he had emailed to another person. Didn't you print that letter and then give it to a member of council?

Why in the world would you proceed with an investigation on who released public information from the fire department but have no investigation into the true violations of the 2008 Memo from Chief Hedrick which established policy for the fire department?

Chief Elkins as you are now the top official in the Nitro Fire Department you must carry out your duty. You can not turn a blind eye to the actions of any fire fighter simply because they are your friend. If you are not able to carry out across the board the policies, rules and regulations of the Nitro Fire Department perhaps you should step back in your role as Captain and allow someone who will to assume the position.

I will be waiting for your reply to my FOIA first of next week. Again, your investigation into whatever you are looking into does not allow you to delay the response to my request for information.

Meeting Audio from 2007 w/ Chambers and Paterno

By Tifney Franks Thursday June 20, 2013

Nitro W. Va. - The audio on the right is from a November 2007 meeting with myself and Linda Tolley-Raffle from Chambers and Paterno. This was the independent auditor that I asked to have come in before I left the city.

You can hear some very interesting things on this audio. A few of the highlights are:

Marker Point 5:40 - One person can't do it all.

Marker Point 25:00 - Not sure where these people get their information - stated that information coming out of city hall - a comment made one day is in the newspaper the next.

Marker Point 31:25 - Government is not for profit.

Marker Point 33:29 - Responsibility for current state of things enough blame to go around. Not on one person. (Interesting point here is that she says she told this to Rusty Marks - but it never made it in to any article at the time)

Marker Point 34:00 - All blame on you - your not there to defend yourself. Just the way it goes.

Marker Point 52:40 - THF figures used in newspaper not correct.

Marker Point 53:12 - Again one person can't do it all. Maybe once the issues were resolved.

Marker Point 50:50 - Liability LOOKS higher than it actually is.

Marker Point 1:04:20 - Kanawha County Commission - lack of attention by Mayor.

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By: Tifney Franks Thursday June 20, 2013

The following was taken directly from my own Facebook page. Actually the messages were private between myself and former Nitro Councilman Craig Matthews. I am opting to make this public because the exchange is typical of those currently elected to office in Nitro who perpetuate misinformation and lies. But the messages do give an overview of my time with the city. The messages are from February 9 of this year.

Tifney Terry-FranksCraig - I wanted you to see what I am sending select people on Daves Facebook page: The comments about your remarks are at the bottom:I am just sending this message only because I am being trashed on the Mayors Facebook page without any means of being able to respond and defend myself.For the record I do live part time back in WV and the rest of my time is spent in OH with my husband. I have only spoken out on anything relating to Nitro after being contacted by city employees and officials who have no voice.I also want to comment on the remarks being made by current members of council (who do not have the facts) and former members of council ie Craig Matthews (who do but choose not to remember or acknowledge) about myself which are totally false.I want to say only this about my 1 year and 6 months with the City of Nitro. When I took the position the city had not seen a current year budget surplus in about 7 years. The city was in total disarray. This was due to lack of leadership in the Mayors office for more than 12 years. While Rusty Casto is a very likeable person and a good person he is and was no leader.When I accepted the position to try and help the city dig its way out of the hole it found itself it was a very daunting task. Upon taking the position the person who worked the Accounts Payables office chose to retire. It was only after getting in to her office to find out why. There was more than 175,000 worth of invoices crammed into desk and file drawers that were not known as they were never put onto the cities computer system. The city was also already under federal investigation. I found this out less than two months after accepting the position. I had an agent from the FBI in my office explaining to me the situation and what was going on and asked if I would cooperate in the ongoing federal investigation. At that time I was asked to go to the Charleston office of the FBI and I was advised formally of the investigation and advised that if I released any of that information or in any way discussed anything that led to the fact there was an ongoing investigation I would be charged with obstruction in an ongoing federal investigation. So, I kept my mouth shut.This was the first problem as people with whom I use to be affiliated thought since I was not sharing information, "I must be on the take". Karen Fritz and Wanda Carney two women I use to have a personal friendship began their attacks. Wanda Carney used her contacts with Rusty Marks at the WV Gazette and provided information false and misleading to the reporter which found its way into the newspaper. Karen Fritz did everything but accuse me of child abuse. As I was not in a position to put out what was actually happening in Nitro as I did not want to find myself in trouble with the FBI - I kept my mouth shut and continued to try and do a job.Things that you would think would be no brainers were like pulling teeth. Example: Cash receipts which is a no brainer - was a fight. The Mayor did not want to have the ladies in the front office to have to give written receipts for cash that was coming into city hall. He felt it was a burden for them to have to do this. It literally took three months to get this small no brainer of a procedure in place.A little thing like keeping track of the municipal payments that came in to city hall. I think many residents would be surprised to learn that their payments which were mailed to city hall were not tallied. All payments were put into a drawer - checks and cash payments and then every couple weeks or so the person who was working for the city would come in and just clean out the drawer. No one in city hall knew how much cash and or checks were leaving city hall. They just took on faith that the person who was doing this work for the city was honest and accounted for all monies. This had to change. This took several more months to get this process back in city hall where all funds could be tallied and then verified with a double check. As by then cash receipts were routine.Also upon taking the position in city hall the city was facing in the next year a five year multi audit. The city had not had an audit in over five years. And the big problem was that there were no records in city hall. The ony thing available were boxes of invoices and check payments. But no financial records were to be found in city hall. Nothing.After a search a storage unit was found which contained boxes (unlabeled) stacked on top of boxes. This was very overwhelming. There was also a room at the community center that had boxes and file cabinets. The file cabinets were laying on their sides and not even upright. It was one of these file cabinets that the signed original THF deal contracts and papers were found. They were crammed in the bottom drawer in the back. The biggest deal the city had entered into in more than a decade and the signed contacts and papers crammed in the back of a file drawer and not on file in city hall.Needless to say it took five months to just get through the records and get them in any sense of order. Even with all the issues the first and only year I was treasurer for the full year the city had its first current year budget surplus in over 7 years. Now the next year I was only in place for half the year. This was the Fiscal Year 2008. It was this year that the issue with my bonding became an issue.It is true. I did not have a 10,000 personal surety bond which was required to hold my position. I was advised by the cities insurance company (Jim Lively Ins) that it was not necessary as I was covered for any mishandling of monies under the cities insurance policy for up to 2,000,000 (million) dollars. I had this letter in writing and did not second guess the cities insurance company.Once I was made aware of the error of the insurance company - I had the proper bond in place within 48 hours. I presented this information to the mayor and council and it was accepted. It was then Karen Fritz and Mike Clifford file suit against me in circuit court of Kanawha County for not having the surety bond. Judge Berger upheld the complaint as I did not have the bond initially. This was the right and only judgement. The issue is that Mike Clifford and Karen Fritz were fully aware that I had gotten the bonding 24 hours before they filed their suit and after council had already reappointed me to the position. Judge Berger did not have this information as the city attorney Troy Giatras did not supply an answer to the complaint. I was not aware that the city attorney failed to file a response. So the Judge only had the information from the complaint to base her decision.This was all toward the end of my time with the city.Karen Fritz also made issue and had the media frenzy over two payments for overtime that were paid to me. The total of the two checks for the overtime were close to 12,000.I asked to be paid as it was due me - but I never used one dime of that money for myself. I would have never asked for the money owed to me but for the fact a very close friend was recently divorced with two children and faced with losing their home. I asked for that money to only save their home from being foreclosed on. I have the paperwork for anyone who would want to see - the payment I made directly to save their home. I would have never requested the money ever be paid out otherwise. I could have used that money for myself at that time but I would have never accepted it for myself.This is money I was due and owed. As you can imagine all the work to get the cities records in order, to review the city records in relation to the ongoing federal investigation took a lot of time. I was one person working more than 14 hours a day usually 6 days a week. All time was documented and signed off on by the Mayor and kept on file in the personnel office. There was only two other employees in city hall. It is not like there was a staff that could take on such a monumental task and still get the day to day operations completed. Not to mention under the pressure of people like Karen Fritz and Wanda Carney doing nothing but interefere.After the bonding fiasco I could see that my so called former friends would be unrelentless and I decided it was just not worth it anymore. I asked council to bring in an outside firm to give a current state audit of the cities finances. This is verified on city records and minutes of the meeting. Chambers and Paterno were brought in. Their findings were that the cities overall liabilities were approaching 1 million dollars. It was only this figure tha Karen Fritz had the media focused. But the overall liabilities today are more than double that amount. It is not the overall liabilities but the current year deficit / surplus that can be directly tied to a treasurer. The Chambers and Paterno audit report showed the overall liability amount above and stated clearly that if no changes were made the cities current year budget deficit would be close to 200,000. This amount is reflected by the attorney fees for the THF suit and the doubling of the cities liability insurance (which came out of the blue).I stated from the beginning once the liability insurance doubled and we had the fees for the THF suit that the city would be facing a short term cash flow problem. And that between November 2007 and March of 2008 things would be tight. I was on record stating this and it is verifiable. What needs to be noted is that at the end of Fiscal Year 2008 in which I was responsible for half that year finished with a current year budget surplus of 317,000. This is verified by reviewing the WV State Audit Report for 2009. As it shows the city (ie John Young) failed to report the carryover balance from 2008 to 2009 in the amount of 317,000. This means that the financial mess was never as reported. But I think everyone will agree that whether it is true or not that Perception becomes Reality when all the facts are not known.While if I had to do it over again - I never would have tried to help the city. Knowing that so called friends would turn on you and spread lies and try to destroy your name and reputation for nothing more than trying to validate themselves. Karen Fritz was running for office she didn't care that she was spreading lies and misinformation. Because if the financial issues were what was truly driving her. What happened to her after I left. These same people one year after my leaving the city tried to get my employment terminated with the company in which I am now employed. An anonymous packet was sent to my employer full of nothing but lies. Thankfully my employer saw it for the garbage it was. My employer actually apologized to me for the hate whoever sent the packet must have toward me. Because who does that to someone with a family to provide for? The biggest issue for my employer was the fact the person did not even have the courage to provide their name to the packet and letter.During my short time with the city I was able to bring in new soures of revenue with the assistance of city employees. The table games revenue. The city was only slated to get 17,000 a year. The Mayor did not want to do anything to interfere with the legislation as it was weeks from being passed. Said the city could go back to the table later. This was not acceptable. I worked with a few members of council and city employees. As there was only to cities that had the casinos in their corporate city limits, I came up with a plan to get additional revenue and acknowledgement of the additional services the host cities would have to incur and that the formula for cities was not enough. So after many days of a fire fighter and a police officer standing up at the legislature and working with the other delegations as Kanawha County was not helpful. The legislation was changed to include a home rule provision. Providing Nitro and Wheeling 1/2 of 1% off the top of the gross - he cities split that amount. This is responsible for more han 500,000 a year coming into the city. Also the fight on the THF deal. I was advised that the city rebating B&O taxes back to a third party who did not pay the taxes is not legal. I was advised by the agent handling the federal investigation into the city that the US Attorney advised that if the city attorney would not sign a letter stating it was legal for me to sign those checks I should not sign them. As Troy Giatras would not give me such a letter to protect myself I would not sign a check. It was this action that led to the court action by THF. Only after an Attorney Generals Opinion was requested asking about the legality of the payments being made to THF. When THF got wind of the opinion being released a court action was filed 24 hours before the opinion was to be released. The circuit was not asked by THF if the contract was legal. In fact they did not want that to even be a question. They just wanted to the court to force the city to live up to the terms of the agreement regardless of the legality. It was this action that led THF shortly afer I left the city to allow the city to keep more of the B&O taxes from the Marketplace. This brings in more than 200,000 more annually to the city. The city could have had it all if they had just pressed the legality issue. But with me gone there was no one left to push the issue.While I am glad to see the city on much firmer ground. When I came the city didn't even have a computer system. They have one now. I am glad to see the negative press start to die down. But it is very hypocritical of Dave Casebolt to talk about the negative press when he, Jim McKay and John Young have personally been responsible for the negative press about Nitro over the last 4 to 5 years.One more comment. I am not a perfect person. I have never put myself out to be anything but what I am. I have never lied, taken anything from anyone. I am just a person a mother, a wife, a daughter, a niece, a cousin and a friend. I am fallable as I am human. I have yet to meet anyone who is perfect or who has done and lived their lives perfectly. There is no one without sin. But what I have learned in Nitro is that those throwing th biggest rocks at others are those putting on a show for others.Craig Matthews comment on Daves facebook page, "You said Tiffeny Terry and Ethics in the same sentence... it made my cat laugh!" Funny from a man who has shown he has serious ethical issues. I have been told that Craig abused the trust placed in him by his fellow fire fighters in Charleston. He at one time was over the handling of the fire departments union dues money. There was an issue where those funds were mishandled. I have been told that his bonding company actually had to pay out funds to reimburse the union fund.I challenge Craig Matthews to back up his statement. What have I ever done that is unethical. I would really like to know. He like my former friends throw out comments with nothing to back them up. I am also sending this to Craig Matthews - so I hope he puts up on Dave Casebolts facebook page his response.Again, did I do everything in Nitro perfectly - NO. But did I do anything unethical or against the law - NO.I would jus like to be able to move on and have a life and be able to participate in the communities in which I live without being attacked and have no avenue to respond. The fact Dave Casebolt leaves these attacks up speaks volumes about his character. As the attacks are baseless and without merit.Again, while I know that Perception becomes reality - at some point when all the facts are known HONEST people need to stop the personal attacks and acknowledge that things were not as they seemed or being presented by individuals with personal grudges.Thank you for taking the time to read this - it is only a snapshot but I am so tired of being bashed by people that do not know me and do not have all the facts.

Tifney Terry-FranksCraig, I suggest if you do not wish to be contacted then keep my name out of your mouth.I don't need a fan club because unlike you I don't try and put myself above others.You are a lying bottom feeding piece of scum.My comment about those throwing the largest rocks was meant just for you Craig. After your issues with the Charleston Fire Department (your local union) you are the last person to talk about someone elses lack or possession of ethical standards.Again, I challenge you to point out one thing I have ever done that is unethical. I won't be holding my breath.

Craig Biff MatthewsIs it ethical to bid on a silent auction at a charity event and then not pay for them? I had heard someone did that and since you claim to be so ethical I thought you would be the person to ask if that be wrong... I've been holding my breath for you to prove any of your accusations to the authority... I thought for sure John Young would be in jail by now... Again it's been fun with all the fake names on Facebook and such but really like everyone else I have better things to do than listen to your delusional thoughts... Take care

Tifney Terry-FranksCraig,No it would not be ethical for anyone to bid on a silent auction and then not pay for the items. And I have never done that. You might want to go back to the source of your information which most likely passed from Bill Fortune to Dave Casebolt to you and let them know he is wrong.The day of the event I had to leave early and was not there at the end of the auction. My items were brought to me at city hall. They were paid for two days after the event.I have heard from Sherri King that Bill Fortune thought at the time my items weren't paid for but he was mistaken. Sherri King stated that all of the items for the silent auction were paide for. And just so you know that during the Christmas in July I paid for 10 tickets to the Spaghetti Dinner but only used one. The balance of the money paid just an added contribution for the missions team.So once again, your attempts to have me participating in an unethical manner has fallen flat - as it is untrue.So unless you are going to call Sherri King a liar I will say that ends that matter. Except for the lying bottom feeding pieces of scum telling people that tall tale.So I will wait with baited breath for you to substantiate your post about my unethical behaviour. So tell me Craig what I have ever done that is unethical.

Craig Biff MatthewsYou mean people tell tall tales without actual proof? I find that hard to believe... I mean everything you have accused people of has always be proven right... Like Jim McKay not being able to serve on FD Civil Service Commission.... Would love to keep trading little barbs for you, but I have friends over and really don't have time to live behind the keyboard, under more than one name none the less. Have fun and thanks for the laughs... I look forward to watching your grassroots movement setting Nitro straight.... God speed Mrs Terry

Tifney Terry-FranksCraig - I see now that you are not going to answer and substantiate your claim. I will wait until you have time and be waiting with anticipation the acts in which I was unethical.Jim McKay was not eligible to serve on the Fire Civil Service Commission holding the office of CVB President. But that issue resolved itself as I understand he is no longer the President of the CVB. I do see that John Montgomery realized quickly and sent his letter stating he would not be taking the position on the Police Civil Service Commission as he to was ineligible.I don't really have time for this either. My stepson has friends over and they are awaiting fresh baked goods for their PS3 game night .I don't have any grassroots movemet. I will never put myself in the position to speak for anyone but myself.I will be watching over the coming days to see you substantiate your claim about my ethical standards. Surely in the next couple days you can come up with one example to support your allegation of my unethical behaviour.God speed to you also Mr. Matthews.And on a sincere note I am glad your little girl was healthy and all is well.

To date Craig Matthews has never backed up his allegations or provided one example of any unethical behavior on my part.

Citizens Show Support For NFD

Nitro W. Va. - In light of the recent actions by the Nitro Fire Chief to take access to bottled water from fire fighters in the NFD citizens step up.

The picture to the right is an example of the generosity of the community. A knock on the door and two cases of water left for Nitro Fire Fighters. The only comment being that they wanted to make sure they had access to water when needed.

This is the true spirit of Nitro.

With the Chiefs attempt to make grown men have to ask him each time they needed a bottle of water. The fire fighters themselves took action. They voted to take their own money and buy water for the fire department. Images can be seen below in another posting on this site.

But it takes nothing away from the citizens who stepped forward for the Nitro Fire Fighters when their own chief would not.

I don't think any fire fighter will soon forget the chiefs refusal to bring drinking water to the scene of the structure fire on Washington Avenue. Due to the fact that he lived within view of the scene.

It is the sincere hope of this site that the Mayor take the steps necessary to resolve the internal problems in the Nitro Fire Department.

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IRS Rejects Nitro CVB First Attempt to Reinstate Exempt Status

Nitro W. Va. - Nitro Treasurer John Young advised the city council at last nights meeting that the IRS rejected his first attempt to get the Nitro Convention and Visitors Bureaus (CVB) tax exempt status reinstated.

Young advised the members of city council their rejection was based on the fact he did not advise or have a plan in place to ensure he would not fail to file the proper returns in the future. He asked members of council to pass a Resolution stating that the annual 990 filing which is required to the IRS be submitted to the members of the Nitro City Council by November 15th. The resolution would read to have the treasurer of the CVB serve upon members of the Nitro City Council the first meeting in November each year a copy of the form required to the IRS by December 15th.

Young has given multiple accounts as to why he failed to file the required annual returns. From stating that he did not think they had to file because they were a political subdivision of the city; that he never received any notice from the IRS stating that they were required to file; to stating that the mail to the CVB had somehow been misrouted and he did not receive the notices.

However, it has come to light that it was John Young who is not only treasurer for the City of Nitro but treasurer of the Nitro CVB was the one who presented the original IRS document granting the CVB their status to the CVB Board in the December 2010 meeting. The original document from the IRS clearly stated that the annual 990 form was required.

Once the CVB has their next meeting and requests a similar resolution from the CVB Board, Young will send a second attempt in to have the Nitro CVB tax exempt status not only reinstated but retroactively to the original granting of their tax exempt status.

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Mayor Casebolt Rips Up FOIA Request

By Tifney Franks Tuesday June 18, 2013

Nitro W. Va. - Before last nights council meeting Nitro Mayor Dave Casebolt was provided a Freedom of Information Act Request. Mayor Casebolt knowing what was being provided to him took the request ripped it up and threw it in the trash.

The picture to the right was taken right after he threw the ripped request in the trash.

Mayor Casebolt when called out on this action stated the following, "I have told you and I will tell you publicly and I will apologize to the people of Nitro for this, I have allowed myself to tie up way too much time with one person. Now Tifney I've instructed you." at which time I replied, "You have never tied up time with me." The Mayor continued on, "I have counseled you to give your FOIA's to Rita, she is going to take care of it, I have instructed my department heads don't come into my office talking about Tifney and something you have read somewhere." I asked the Mayor, "What are you talking about Mayor." He continued, "You are trying to tie up my time." Again I stated, "I have never tied up your time." The Mayor stated, "You are constantly bringing me FOIA's" I responded with, "Requests to follow up on what you are saying Mayor that doesn't tie back to the records." During this final exchange as Mayor Casebolt did not have control asked for a motion to adjourn. City Recorder Rita Cox made that motion it was seconded and the meeting was adjourned.

Mayor Casebolt fails to realize or thinks he is above the law and open meetings protocol. When you allow the public to speak. You must allow all persons the right to speak with equal access.

Three meetings in a row I have been cut off by the Mayor and not allowed to complete my remarks. I am the only person that is denied the full right to address council.

This matter has already been addressed in the Circuit Court of Kanawha County and I am hopeful that the city attorney will advise the Mayor, all persons must be allowed full and equal access during the public comment period.

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Nitro Council Meeting 06-18-2013

The full council meeting can be heard above.

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Metro Audio from Structure Fire on Washington Avenue

June 14, 2013 Nitro W.Va. - Nitro fire fighters fought a structure fire in a vacant home on Washington Avenue. These types of structure fires have become all to common across Kanawha County.

What is not common is the lack of drinking water for fire fighters battling the blaze. Nitro Fire Chief Jeff Elkins carries the bottled water which was previously available in the station house and on the city fire trucks, in the back of his city vehicle. This became a serious problem for fire fighters on June 10, 2013.

You can hear the audio from Metro on the YouTube video link on the right. At marker point 11:02 you can hear the command fire fighter on the scene ask Metro, "Do you have chief 801's phone number?" After getting an affirmative response he goes on, "Can you get ahold of 801 and advise him we need water here ASAP." Metro advises they will. Then the information is provided to Metro, "that is drinking water."

Almost twenty minutes pass by before Metro advises a police officer, "If at all possible for you to break away from the structure fire there and go to the chiefs house to get drinking water for the fire department." The only response being a 10-4 sir. You can hear this on the video link to your right at marker point 28:25

However, the police officer did not leave the scene and go to the chiefs house for hot water that has been sitting in the back of a Durango. He proceeds to a local convenience store and purchases water for the fire fighters out of his own pocket.

With the internal strife and turmoil plaguing the Nitro Fire Departmentit is just incredible that the fire chief did not take adequate drinking water to the scene. After all his home is just about three tenths of a mile away.

Cityofnitro.com believes this is just one action in a series since becoming chief that has fire fighters in the department feel as though the new chief does not have their back when it matters most.

June 13, 2013 Nitro W. Va - Shortly after becoming Chief, Jeff Elkins removed access to bottled water from fire fighters in the department. According to Chief Elkins, fire fighters were drinking just too much bottled water.

The Chief stated that not only were they drinking too much water he even made an accusation that cases of water were being carried out of the department.

Chief Elkins has purchased only enough water to carry in the back of his city vehicle and two cases (one each) for each of the new fire fighters use during their training.

This became a serious issue this past week when on the scene of a structure fire on Washington Street. Fire fighters were forced to enter the structure to contain the burn as a neighboring home was being threatened with heat and flames.

One fire fighter after going through two tanks of air was forced to use puddle water. Had to scoop water from the puddle with his hands and put it in his mouth - swish it around and then spit it out.

This is outrageous in a city with a paid fire department. What is even more outrageous is that the when the Chief was called to bring water to the scene by the fire fighter in charge, he did not even respond. Instead of coming the small distance from his home to the scene he actually called to have a police officer on the scene break away to come to his home and get the HOT water out of the back of his vehicle.

How Chief Ekins believed water that had been left in a vehicle which would have been too hot to drink would be adequate is incredible.

An officer did break away but did not go get the HOT water which was less than a quarter mile from the scene, he went to a local convenience store and with his own money purchased water for the fire fighters.

Men on the scene were incredulous about the fire Chiefs response and lack of action.

Within days there was another fire in Nitro. Fire Fighters on the scene battled that fire and quickly had it contained. The heat and humidity was overwhelming. Chief Elkins did show up on scene with a case of the HOT water he carries in the back of his city vehicle. When the Chief was asked if the water was cold - his response was no. Not one bottle was used.

The men of the Nitro Fire Department have been shown that they will have to provide for themselves if they wish to remain safely hydrated when responding to calls in Nitro. Because for Chief Elkins and the city it does not seem to be a priority.

The Nitro Firemen's Association recently voted to spend $300.00 and purchase bottled water for use in the department and on fire scenes. The $300.00 purchased 82 cases water with 32 bottles in a case.

Cityofnitro.com believes the fire fighters that risk their lives to protect our property fighting fires and our lives when responding to medical/accident calls deserve to have the water they need to be properly hydrated.

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Nitro Building Remodel Shut Down By State

June 4, 2013 Nitro W. Va - Information has been received at cityofnitro.com that the remodel efforts at the old Fas Check Building on Main Avenue have been halted by the WV Departmental of Environmental Protection's Asbestos Program.

It appears that tile flooring which contained asbestos was disturbed now contaminating the building. No word has yet been released on the severity of the issue.

When a citizen took this matter to the Code Enforcement Office in City Hall on May 30th and spoke with Capt. Ron King they were told there was nothing he could do. At that time it was not known if the tile actually contained asbestos but the information from individuals on site made the issue one of a critical nature for someone to get involved. The reason for taking this to the code enforcement officer for Nitro was to ensure no pubic works employees would come in contact with contaminated building materials. The site had been using a city dumpster. Capt. King did advise that the Asbestos Inspector A.J. Hill, who is also the cities Public Works Inspector had been onsite and that he had been provided something that assured him enough to continue trash pick up on the site.

Just exactly what was provided is unclear.

However, we now know that the tile floor which was located in the larger area did previously test positive for asbestos. With this information known why in the world would anyone start to remove the tiles. cityofnitro.com has received information that the carpet which was to be laid on the tile floor could not be put down until the tile was removed. It was said the hot glue needed on the back of the carpet would pull up the tiles. Why other options were not reviewed such as putting down an epoxy coating and then putting down the carpet is not known.

This could have a devastating affect on the finances of the church that was going to go into the building. I hope that the church can determine who made the decision to remove those tiles and whose equipment made it possible. This may allow them to have a claim for damages against insurance or a bond so they can recoup what appears now to be substantial costs that will have to be incurred for cleanup. Due to possible enforcement failures in Nitro, there could be potential liability for the city.

Pictures below show the tile being actually removed and the red tape put around the building by the State warning of the asbestos hazard. It does not appear that any contractor doing other work in the building was responsible for this action.

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Nitro Council Meeting 06-04-2013

The full council meeting can be heard above.

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Second Attempt By Nitro Mayor To Lock In Baker Engineering Without Competitive Bidding

Nitro W. Va. - Nitro Mayor Dave Casebolt to make second pitch at having council vote Baker Engineering as the go to engineering firm for all city projects.

Just two months after taking the Mayors seat in Nitro Dave Casebolt made a pitch to council to have them enter into a Standard Client Account Agreement with Baker Engineering. The original Standard Client Agreement presented to city council by Baker Engineering is below.

Council has not yet been provided a copy of the new Standard Client Agreement that is on the Agenda for approval at the council meeting set for June 4, 2013 at 7:00 p.m. in council chambers. We will have it for comparison after tomorrow nights council meeting.

Since being denied this action last September Mayor Casebeolt has continued to violate the cities purchasing policy by awarding projects to Baker Engineering without competitive bidding. Most recently the city council voted to spend $9,700 on a pool plan. This vote was shortly after city council voted to terminate a long time city employee for "budgetary reasons". Interestingly enough Mayor Casebolt acknowledged during a Parks and Recreation meeting that Baker had already begun work on the pool plan prior to council even taking the vote in open council. This is not the first project to be awarded to Baker Engineering without competitive bidding.

Second Phase of the Streetscape was not put out for competitive bidding. Mayor Casebolt stated he had been advised by someone with the Department of Transportation or Highways that the city did not have to bid out the second phase since Baker was the successful bid on phase one. To date nothing in writing has been produced to support this statement.

Even if someone did verbally say the city could use Baker Engineering the Mayor and city council is restrained by the purchasing and competitive bidding guidelines established and currently in place by the City of Nitro.

Perhaps more information will be provided at tomorrow nights council meeting. Check back for updates.

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Federal Government Allows Amendment to Grant - Project # 54-0481.1

Nitro W. Va. - The City of Nitro has received word that the left over grant money that was slated for the renovation of Shelter 4 at Ridenour can be used to complete the dog park "Bark Park". The Amendment to the Project can be seen to the left.

There has been no confirmation on the specific amount that was unused in the shelter renovation. The bids for the dog park fencing ranged from 12,000 to 16,000. Total cost or anticipated costs of the dog park have not been provided.

Questions will be raised at tomorrow nights council meeting to try and ascertain what the anticipated costs of dog park will be in order to have a park ready for public use.

Check back for updates.

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Garbage Collection in Nitro Becoming Dangerous

You can see the public works director (in the oncoming white truck). What is he thinking when he sees this? This load however, is not as large as the one shown previously.

Nitro, W. Va. - This is a follow up to an item previously posted on cityofnitro.com. The use of a city dump truck to pick up trash is not only hazardous but an inefficient use of manpower. You can see from the original post at the bottom of this page - garbage actually blew off the back of the truck on 40th Street. Witnesses stated a car had to swerve in order to miss the flying debris. You can also see public works employees pick up the trash that blew off the back of the truck.

No citizen would be allowed to drive through town with a truck overloaded with trash bags and other debris. Tailgate down and without a tarp of some kind to stabilize what is being transported.

According to the County this would be a violation. The county did state that in some areas of smaller communities dump truck trash pick up is necessary as the streets are too small for garbage trucks. The county stated this would not be the case for a road such as 40th Street.

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Mayor Casebolt Misled the Public About the Vote to Terminate Public Works Employee

Nitro, W. Va. - Nitro Mayor Dave Casebolt appears to have an issue being honest with the members of council and the public. Mayor Casebolt stated less than two week ago to the Nitro Grievance Board that the decision made by council to fire long time public works employee Ivan Meadows was a budgetary decision.On the surface this seemed like a reasonable decision. But when one looks at the facts his statement falls to pieces. When the city attorney advised Mayor Casebolt that the Employment Provisions Protected Ivan Meadows as he had seniority and any decision to fire an employee would mean the city would have to fire or lay off the most newly hired in the department. But this did not happen. Not only did Ivan Meadows not lose his job there was no other public works employee let go.Then on this past Friday May 24, 2013 a new job posting was put up to hire another employee for public works. What is interesting about this new position is that there was never a vote of council to create a new position. This posting also shows the statement made by Mayor Casebolt to the Grievance Board about the vote to terminate Ivan Meadows not to be a true.Will any city council member question this move? Will anyone stand up and ask Mayor Casebolt to explain the contradictory statements he has made. It is important to note Mayor Casebolt was under oath by the Grievance Board when he made his statement that the decision to fire Ivan Meadows was a budgetary decision. We now know based on the facts of the situation - that was just not true.

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Nitro Official Using Position to Bully/Harass Resident in Open Council Meeting

By Tifney Franks Wednesday May 22, 2013

Nitro, W. Va. - At what can only be viewed as a childish attempt to bully, harass and intimidate a citizen - Tifney Franks during an open council meeting. Nitro Treasurer John Young used an iPad to start taking video of only one person attending the council meeting.

The video below shows John Young opening his iPad to start taking video. Take note of the city attorney Johnnie Brown of Pullin, Fowler Flanagan, Brown & Poe slowly start to smile as he watches the city treasurer. Also, note councilman John Montgomery and John Young as they share a childish moment of giddiness at their grade school antics. (view full screen for better view)

After the meeting when I asked him about his actions John Young advised that he had already received confirmation from the city attorney Johnnie Brown of Pullin, Fowler Flanagan, Brown & Poe that it was acceptable for a city official during a public meeting to single out one resident to video.

John Young in typical bullying fashion after the council meeting even stated to me that it was nice to see that I have gained weight.

As I sit today reviewing the events of last nights meeting in my mind and I watch again the video of John Young opening his iPad to start his video and to see the city attorney Johnnie Brown put that cheshire grin on his face and then Councilman Montgomery and John Young sharing that moment of childish giddiness - I ask myself, "are these the actions of grown professional men or the actions of a child who does not like the fact someone actually asks questions and demands real answers."

Treasurer John Young is a CPA who has his own CPA firm in Nitro.Councilman John Montgomery is a retired State of WV Tax Department Attorney.City Attorney Johnnie Brown is an attorney in Charleston with Pullin, Fowler Flanagan, Brown & Poe.

By reviewing just an excerpt of the three mens resumes you would not believe that they would participate in or condone the actions that they participated in during an open city council meeting.

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Nitro Mayor Cuts Citizen Remarks Short - by Asking for Motion to Adjourn

By Tifney Franks Wednesday May 22, 2013

Nitro, W. Va. - At what is becoming habit for Nitro Mayor Dave Casebolt when the questions and remarks turn to his conflicting statements and positions a motion to adjourn the meeting is quickly requested.

The last two Nitro City Council meetings have had an abrupt ending with a hurried motion to adjourn.

At last nights city council meeting the Mayor was feeling a little heat when the discussion was on the IRS revocation of the Nitro CVBs tax exempt status. While questions were being asked and answered by Nitro Treasurer John Young and a dialogue was taking place between a myself and the treasurer Councilman John Montgomery interjected and stated he was concerned about the mail that has appeared to have never made it to the city treasurer from the IRS.

I advised Councilman Montgomery that I had been in the mayors office just last week to ask about the issue with the mail and the mayor stated he was not concerned at all about that matter. Councilman Montgomery stated that he indeed was concerned and wanted answers.

It was during this exchange that the mayor asked for a motion to adjourn the meeting.

The City of Nitro has a public comment period at the end of each council meeting. No other resident has been cut short and denied their right to speak but for myself during this administration. The City of Nitro has been chastised for denying the public a right to speak in the past. A ruling against them in Kanawha County Circuit Court.

Someone needs to remind Mayor Casebolt and the other elected and appointed officials that they work for the everyone in the community. Even those who ask questions and demand truthful answers.

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Chief Elkins Allows Fire Fighter to Use Fire Department Bays for Personal Use

By Tifney Franks Tuesday May 21, 2013

Nitro, W. Va. - Nitro Fire Chief Jeff Elkins appears to be making some questionable decisions. One of the most recent decisions was when he allowed Fire Captain A.J. Shinn to move a fire truck from the protection of the bay to bring in his camper during a rain. Shinn's camper reportedly had a leak.

The image to the right shows Captain Shinn's hummer backed up to his camper in the fire bay. This is outrageous on so many levels. Taxpayers in the community should be alarmed when a city employee can bring their personal vehicles into the bay of the fire department leaving a piece of equipment which cost the city hundreds of thousands of dollars out in the elements.

This is not an isolated incident. Captain Shinn uses the Nitro Fire Department as one would their personal garage. From his camper to his motorcycles, there appears to be nothing that Captain Shinn is not allowed to do.

It was recently reported that Captain Shinn who works as an Installer for Lowes when not working as a fire fighter for Nitro has been using fire department equipment and resources to facilitate his side business. This is in direct violation of fire department policy. Chief Elkins has been given this information but to date has taken no disciplinary action nor has Mayor Casebolt.

This is surprising. Since taking office as Mayor cityofnitro.com has learned that he has requested an investigation and action be taken against a Nitro fire fighter. Casebolt alleged that he had photographic evidence to show that the fire fighter was at a private residence for more than 4 hours while on duty. To date those photographs or the person who supposedly took them have ever been produced. Even after an internal fire department investigation showed no wrongdoing on the part of the fire fighter the Mayor was not satisfied. This seems to be a double standard now in the dealings with Captain Shinn where the evidence to prove he acted in direct violation of fire department policy is clear.

The discontent in the fire department is growing amongst employee's. Something drastically will have to happen to improve things moving forward.

John Young Misleads Council and the Public on CVB Exempt Status Revocation

By Tifney Franks Wednesday May 22, 2013

Nitro, W. Va. - At last nights city council meeting treasurer John Young was asked about the IRS revocation of the Nitro Convention and Visitors Bureau Tax Exempt Status. The IRS revoked the CVBs exempt status last year December 12, 2012.

John Young never advised the CVB Board in an open meeting of the IRS action by the IRS to revoke their tax exempt status. This only came out after information was received from the IRS website.

Once the revocation of the status was made public John Young had a variety of reasons the status was revoked. He stated that he didn't believe the organization had to file as they were a 'governmental unit'. He also stated to select members of council via email that he never received any correspondence from the IRS over the three year period in which he had failed to file the annual 990 form. Councilman John Montgomery and City Recorder Rita Cox have acknowledged receiving an email from Young. Montgomery stated that there was some mishandling, misdirecting or interception of the CVBs mail.

But in last nights council meeting John Young stated clearly he did not believe he had to file (even though the IRS had told the CVB on their letter giving them their status: Annual 990 Form YES) and that he believes now as he has always believed the Nitro CVB was and is a governmental unit or political subdivision of the City of Nitro.

This is interesting since less than a year ago Mayor Dave Casebolt was arguing just the opposite. Mayor Casebolt stated the CVB was not a governmental unit when the appointment of Jim McKay (CVB President at the time) was made to the Nitro Fire Civil Service Commission. When this appointment was made his eligibility was questioned under the fact the Nitro CVB was a governmental unit/political subdivision of the city. Mayor Casebolt even contacted the Attorney Generals Office and spoke with Dawn Warfield for confirmation. Jim McKay did not step down from the Nitro Fire Civil Service Commission nor did the city take any step to request he step down due to the conflict.

John Young was also asked last night if he had ever received any written notice questioning the position he had adopted regarding the Nitro CVB not having to make the annual filings. Young stated that he had received no such notification from the IRS. He was asked if he had received anything in writing from any member past or present about the annual filings required by the IRS. He stated he had not.

Below is just one email he received in October of 2012 from former CVB President Leonard Womble. In addition to the one email below there was also meeting with Young where the CVBs failing to file was discussed. This has been confirmed with individuals present at the meetings.

Nitro deserves to have the truth put before them. As Judge Charles King wrote in a recent decision against Nitro charging FOIA fees stated, "The Legislature further declared that the people of West Virginia, in delegating authority, do not give their public servants, such as the defendants herein, the right to decide what is good for the people to know and what is not good for them to know - the people insist on remaining informed so that they may retain control over the instruments of government they, the people, have created." This sentiment appears to be lost on the elected and appointed officials in Nitro.

The audio of last nights council meeting will be up later today.

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Serious questions exist if Chief Elkins is able or even willing to step up and unite the department. It is only by putting petty differences to the side that the department will ever move forward.

Little League Parents Up in Arms Over Mayors Memo to Employees

Nitro, W. Va. - Nitro Little League parents are questioning the authority of the Mayor in a recent memo to city employees.

Mayor Dave Casebolt drafted a memo to ALL city employees May 16, 2013 which was signed and posted for city employees on May 17th. The memo read as follows:

"Effective immediately no city employee will be allowed to work on Little League facilities without the prior approval of the Mayor."

Parents have put up enlarged copies (shown to the right) of the memo on the little league concession stand in order to make as many parents aware as possible of the Mayors recent move. Plans are in the works to disseminate copies of the memo to the broader community.

What issue the Mayor has with the little league is unclear. He was unavailable for comment today. We will continue to reach out to the Mayor for comment. During the Meadows grievance hearing the Mayor was advised that absent any written agreement between the city and the little league that the city is responsible for the upkeep of all the facilities on city property.

One parent described the memo as "shameful" he went on to say that the city should be doing all it can for the youth of the community. Stating that taxes paid to the city by residents and business owners are not only for police and fire protection but public works. Public works which maintains the city parks and fields.

Another parent stated that they would be working to defeat the levy vote which will be coming up soon in Nitro.

Parents are in agreement and hope that the Mayor rescinds his memo barring city employees from working on little league facilities without his approval or at least makes the change to state only during working hours.

image above taken at the concession stand of the Nitro Little League located at City Park

Finding of Commission - Nitro Employee's Civil Service Commission

Nitro, W. Va. - Hershel Facemyre - Chairman of the City of Nitro, Employee's Civil Service Commission submits the Findings of the Commission in the grievance filed by city employee Ivan Meadows.

Ivan Meadows received his letter from the commission (which you can see below the findings on the right) advised him that he was successful in his grievance. He will have his days vacation restored and the letter of reprimand removed from his file.

The 'Finding of Commission' notice was in a word - "kind" to Mayor Casebolt. The commission report stated "Inappropriate disciplinary action was taken due to lack of communication. The disciplinary action is to be withdrawn from the personnel record and the individual will receive their vacation day back that was taken from them."

I encourage people to listen to the grievance hearing for themselves. The Commission which is made up of Hershel Facemyre, Joe Savilla and Susan Graves conducted a fair and professional hearing. There was no question as to the outcome of the hearing after the first two witnesses. Mayor Casebolt was forced to admit before the end of his own testimony that the action taken against Ivan Meadows was unjust.

If you have not yet listened to the grievance hearing please click play below:

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City Council Poised to Vote on Submitting Application for Home Rule Pilot Program

By Tifney Franks Sunday May 19, 2013

Nitro, W. Va. - Councilman John Montgomery will be brining up a proposal that will allow Nitro to participate in a pilot Home Rule Program. All cities can apply but only 20 will be allowed to participate. Councilman Montgomery thinks this would be a revenue stream for Nitro. In order to participate the cities will have to endure the cost to submit an application to the Municipal Home Rule Board. The question on the cost of submitting the application has yet to be answered in Nitro.Once cities are in the pilot program they would be prohibited from adopting ordinances that affect pensions, annexation and taxation just to name a few. Only one exception would be allowed and that is the 1% local sales tax if cities agree to reduce or eliminate their business and occupation tax.There is some pushback on this from the State Tax Department as they have expressed concern that it couldn't handle the workload generated by close to two dozen cities implementing a 1% local sales tax. While this may generate revenue for Nitro, there has not been much discussion if any publicly about the possible impact on residents and business owners in the city. An extra 1% tax on food and gas may not be so welcome in a time where the cost of everything is going up and wages are going down. Residents and business owners would have a chance to be heard at a public hearing if city council votes to move forward as a public hearing would have to be held.

Grievance Board Letter to Employee

Below is the letter from the Employee Grievance Board informing the employee he was sucessful in his grievance. Giving him back his days vacation and advising the letter of reprimand would be removed from his file.

Nitro, W. Va. - Nitro fire fighter A.J. Shinn is running his personal business out of the Nitro Fire Department. This is in direct violation of a directive that was put down to all fire fighters in 2008. (You can see this Memo which was put into immediate effect on 10/01/2008 below)A.J. Shinn works as an Independent Contractor for Lowes when he is not working as a fire fighter. His company name is Shinopoly Properties. He has been using the resources of the Nitro Fire Department to run his side business while on and off duty in the fire department. The image to the right is a fax received May 6th for Shinopoly Properties. The fax number Lowes uses for A.J. is 755-3721. This is the fax line for the Nitro Fire Department.Information has been provided that Chief Elkins has been made aware that A.J. Shinn is using the fire department fax and other resources to run his personal side business. To date Chief Elkins has taken no action against Shinn or put a stop to Shinn using fire department equipment and resources for his personal business.

Nitro Mayor Defiant After Grievance Ruling

By Tifney Franks Sunday May 19, 2013

Nitro, W. Va. - Nitro Mayor Dave Casebolt seems to still be smarting from the loss he suffered during the recent Grievance Board Hearing involving public works employee Ivan Meadows. Mr. Meadows filed his grievance after being singled out for termination by a vote of council and then subsequently being written up and losing a days vacation for working (with two other employees) on the concession stand for the little league which is located on city property.Mr. Meadows was sucessful in having his days vacation restored as well as having the letter of reprimand removed from his file. Mr. Meadows grievance hearing was on Tuesday May 14th. The decision letter from the board was released on Wednesday May 15th. Mayor Casebolt drafts a memo (located to the right) to all employees stating, "Effective immediately no city employee will be allowed to work on Little League facilities without the prior approval of the Mayor" on Thursday May 16th. This memo was posted for all employees on Friday May 17th.Mayor Casebolt had to admit during the grievance hearing that there is no formal written agreement between the City of Nitro and the Nitro Little League. He did try to insinuate that one existed but when pressed on the matter by grievance board member Susan Graves he had to admit the draftcopy he was referencing was just a draft that no agreement existed.

Absent any agreement that the Little League would maintain the facilities the grievance board advised the Mayor that the city is responsible for everything on city property.

The person who should be making the determination on when and what work should be done on city property is Public Works Director A.J. Hill.

Judge Charles King Rules Nitro FOIA Fee's Unlawful

Judge King Rules Nitro FOIA fee's Unlawful

Nitro, W. Va. - April 25, 2013 Kanawha County Circuit Court Judge Charles King ruled the retrieval or compilation fees that have been charged by the city are unlawful and cannot be relied upon.

This ruling was in response to the action filed by Richard and Lorinda Nease of Nitro.

In 2009 Nitro City Council passed ordinance 113.7.1. Which was passed authorizing the City to charge persons requesting access to public records a "fee for searches and compilation for Records that require more than ten (10) minutes to search and/or compile. The ordinance authorized the City to charge for the time spent by it's employees to search for and/or compile requested records at a rate of $25.00 per hour for search and compilation time in excess of 10 minutes.

The ruling stated clearly, "it is the public policy of the State of West Virginia that all persons are, unless otherwise expressly provided by law, entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees." Code 29B-1-1 (Emphasis supplied).

The following is of primary importance for Nitro Officials to learn and respect:

"The Legislature further declared that the people of West Virginia, in delegating authority, do not give their public servants, such as the defendants herein, the right to decide what is good for the people to know and what is not good for them to know - the people insist on remaining informed so that they may retain control over the instruments of government they, the people, have created.

Nitro City Attorney Johnnie Brown argued that the ordinance passed by Nitro was authorized by FOIA. However, the Court/Judge King concluded it was not. The Court/Judge King further stated that, "Nitro's reliance on the ordinance passed in 2009 was misplaced and that Nitro lacked the authority to enact its ordinance establishing a search, retrieval or compilation fee and, therefore, the ordinance is unlawful and cannot be relied upon in defense of plaintiff's FOIA action."

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Nitro Employee Grievance Board Meets to Hear Employee Grievance

By Tifney FranksWednesday May 15, 2013

Nitro, W. Va. - The City of Nitro Grievance Board met Tuesday May 14, 2013 in order to hear the appeal of public works employee Ivan Meadows.

The above board conducted themselves professionally and got right to the heart of the matter. Their questions were pointed and very specific to elicit the information that they would need to render their decision.

Mr. Meadows complaint was in regards to being singled out for termination of his employment and a specific incident which led to the loss of a vacation day and a letter of reprimand in his file.

February 22, 2013 Ivan Meadows along with two other public works employees were given permission by acting supervisor Richard Easter to work putting in cabinets at the concession stand located at city park in Nitro.

This action was not acceptable to Nitro Mayor Dave Casebolt. Upon hearing that Mr. Meadows was working at the city park installing cabinets in the concession stand he contacted public works director A.J. Hill to reprimand Mr. Meadows and inform him that he would have to take a vacation day for the 22nd. Mr. Meadows was called in by his supervisor A.J. Hill on the following Monday.

Mr. Meadows asked the grievance board to give him back his days vacation, to remove the letter of reprimand from his file and to provide him the name of the sources of the complaints (alleged by the Mayor).

Mr. Meadows laid out his case very clearly.

Mayor Casebolt was the first witness called as it was his actions that directly led to the letter of reprimand and loss of the employees vacation day. Mr. Casebolt started out not even recalling the letter of complaint.

The first thing the Mayor wanted to address was the vote to terminate Mr. Meadows from the cities employ. Mayor Casebolt was emphatic that it was a vote of council to terminate Mr. Meadows even stating that it was a unanimous decision (this was not the case). He stated this was a budgetary decision.

However, the record does not bear that out or support Mayor Casebolt's statement. If the decision to terminate Ivan Meadows was a budgetary decision. Then one must ask themselves after the cities attorney's advised Mayor Casebolt that Mr. Meadows could not be the employee terminated due to his seniority and the Employee Employment Provisions why wasn't another public works employee terminated. If this was truly a budgetary decision then someone else would have had to be terminated to make the statement true. But no one was fired or even laid off.

Mayor Casebolt even insinuated during his testimony that Mr. Meadows was spending little league funds without little league approval. Mr. Meadows is the current president of the Nitro Little League. Mayor Casebolt was quickly told by Grievance Board Member Hershel Facemeyer that anything involving the Nitro Little League was really none of his concern and he had no authority over Mr. Meadows in his capacity with the little league.

Mr. Meadows had an interesting point regarding this specific issue during his opening remarks. He advised the grievance board that there had been rumors that Mayor Casebolt campaigned and had made promises that if he was elected that Ivan and Jack Jordan were going to be the first to be terminated. (this can be heard on the video below at 5:06) Mr. Jordan was terminated and then the first employee voted to be terminated after that was Ivan Meadows. The situation appears to support the employees claim.

Mayor Casebolt had a difficult time answering questions and justifying the actions taken against Mr. Meadows. Mayor Casebolt even admitting during his questioning that the action taken against Mr. Meadows was not justified. (Mayor Casebolts testimony starts at 14:00 on the video below)

Mayor Casebolt answered the question if there was a written agreement between the Nitro Little League and the City of Nitro regarding City Park. Mayor Casebolt stated, "Not at that time." This statement would leave one to believe that an agreement is now in place. Grievance Board Member Susan Graves asked the logically follow up question. Mrs. Graves asked the Mayor if there was such an agreement now. Mayor Casebolt stated that they were drafting an agreement. Mayor Casebolt even asked Personnel Director Mary Beth Burt if she had the draft copy with her. After several long seconds Mayor Casebolt stated that they were actually drafting a document to state that there was no agreement. Which was simply absurd.

It is the opinion of this individual that the grievance board will side with Mr. Meadows. That he will have his vacation day restored and the letter of reprimand removed from his file. This was clear after only one witness - the Mayor himself. He could not support his actions in having the public works director take action against Mr. Meadows. Again, the Mayor in the end had to admit the action taken against Mr. Meadows was not justified.

You can hear the grievance hearing for yourself as it was a public hearing by clicking the video below.

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Nitro City Council Meetings Audio Now Available Online

By Tifney FranksThursday May 9 2013

NITRO, W. Va. - It is important for all citizens to have access to the meetings of their elected officials. Due to work schedules and family activities it is almost impossible for people to make it to the various meetings of their elected officials.The audio of the most recent council meeting for Tuesday May 7, 2013 is now available for anyone to listen below. The meeting is in its entirety from the invocation to the motion to adjourn.It is only through full transparency of government that elected officials are kept in check.

Nitro Convention and Visitors Bureau Employee Resigns

Who will they get to replace Mrs. Pruett? One can only hope it is not another of the cronies recently put in place by Mayor Casebolt.

Kelly Pruett will be missed. She was an honest person working under extreme circumstances. It is surprising she lasted this long working with Mayor Casebolt and John Young.

More information to come.

Good Luck Mrs. Pruett - you will be missed.

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Council Minutes of 05/15/2012 State No Missing Money

Appears Dave Casebolt and John Young have an issue with the fact the report by Richie Robb was put up on this site so that you could read for yourself that there was never any missing money in the Nitro Police Department Benefit Account. The following link will take you to the minutes to see it for yourslf:http://www.historyofnitro.com/Government/minutes/2012minutes/2012-05-15NCC_minutes.pdfRichie Robb concluded "there is no missing money". Also see below for Richie Robbs full report. Also comments by Councilman Joe Savilla regarding the exoneration fo the Nitro Police Department by the report.Those who are still trying to make people believe that there was missing money need to be asked "Why are you still perpetuating a lie?"

Nitro Police Benefit Association Final Report - No Missing Money

There has been a big lie being spread around Nitro for more than 2 years now. The Nitro Police Benefit Fund Account and 58,000 missing.

This has been a lie from day one and the people in the know; i.e. John Young, Dave Casebolt, Jim McKay, Craig Matthews and Rita Cox just to name a few have allowed the rumors and lies to continue. Whether through a blatant disregard for the truth or just absolute ignorance either is unacceptable.

Former Nitro Police Chief Jack Jordan has had his name and reputation tarnished by this lie and the low level political agendas of those in office and running for higher office in Nitro.

Even in the face of the report and a thorough examination of all the records those who want to continue the attacks and the lies continue on.

The following report is the Report of Examination of Financial Accounts Administered by City of Nitro Police Department. This report by former City Attorney Richie Robb states clearly that there was never any money stolen from this account. So the rumor and misinformation being put out by Mayor Casebolt and Treasurer Young supporters is clearly dispelled. The following is specifically stated: "This examination does not conclude any monies were stolen from these accounts." The report also states, " Certainly record keeping could have been better, but non professionals were keeping these records and apparently doing so in addition to their regular law enforcement responsibilities. While certain expenditures might be questioned as to their appropriateness, there DOES NOT APPEAR TO HAVE BEEN ABUSE."

The full report is below so you can read the entire report by former City Attorney Richie Robb.

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John Young Claims He Didn't Know He Had to File

Nitro Treasurer John Young is claiming a simple "snafu" caused the IRS to revoke the Nitro Convention and Visitors Bureau Status. John Young is claiming the Nitro CVB is a "governmental unit" and therefore did not have file the proper annual forms with the IRS.

However, the form below which was given to John Young when the Nitro CVB was granted its status by the IRS clearly states form 990 is required. As you an see it states Form 990: Yes. There is no way that a legitimate CPA would say that they didn't believe they had to file when the IRS specifically tells them that the form 990 is required. A CPA would know that a form 990 is an annual form filed with the IRS.

Former CVB President advised John Young that there was a potential issue with their status close to a year ago. However, John Young took no action. This is a serious breach and not a "snafu".

This site would be interested to hear the tale John Young told the IRS in order to get their status reactivated and to also receive a retro active activation.

John Young still in his arrogance in the face of the IRS directive is claiming, "I still don't think we necessarily have to file, but when the IRS says we have to file, you give it to them."

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Nitro Still Waiting on Mayor to Provide Details

Nitro residents who follow Nitro Mayor Dave Casebolts Facebook page are still waiting on his version of the truth as it relates to the settlement the city entered into with a former employee.

The only thing released at the time was that the Sexual Harassment Case that was filed by former city employee Sandy Saunders was settled. No other details were provided to the public by any elected member of council or the Mayor.

The Mayor was outraged that this settlement was even covered.

The one local news outlet WOWK TV 13 and reporter Alana Autler was attacked for their coverage. Casebolt called even threatening the reporter. However, Casebolt could prove nothing wrong with the coverage.

This is the actions of a man who has something to hide. But what?

This site has learned that the settlement had "Personnel Training and Eduction Requirements that the city had to meet by March 1st. Word is those requirements have not been met. Once information can be confirmed will report back.

Nitro Treasurer Lies About Loss of Nitro CVB Exempt Status

By Tifney FranksFriday May 17, 2013

Nitro, W. Va. - cityofnitro.com has received information that directly contradicts Nitro Treasurer John Young and his assertion that the loss of the Nitro Convention and Visitors Bureau tax exempt status was as he told one news reporter a "snafu".Information has been provided that clearly shows he had been put on notice prior to the loss of the exemption status but failed to take the necessary action to prevent the IRS from revoking their status this past December 2012.Mr. Young seems to have a problem with the truth as it relates to the loss of the CVB's tax exempt status. Nitro Councilman John Montgomery stated after the last Nitro City Council meeting when asked about this matter that the mail from the IRS was somehow misdirected and that John Young did not receive the notices from the IRS.

If the U.S. Mail from the IRS was tampered with why has there not been a police report filed or complaint filed with the U.S. Postal Service? Based on information provided cityofnitro.com John Young was put on notice during meetings as well as in writing regarding his position that the Nitro CVB did not have to file annual returns with the IRS. All of which occurred prior to the CVB losing their tax exempt status.John Young outside his conflicting reports to the news media and his comments to members of council has yet to publicly state why he failed to file the returns which resulted in the loss of the tax exempt status of the Nitro CVB.Hopefully this coming Tuesday during the Nitro City Council meeting he will be present and can be asked about the conflicting information and specifically asked on the record the reason he failed to file for three consecutive years.

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Ivan Meadows WINS in Grievance Hearing

City of Nitro employee Ivan Meadows wins his grievance with the city.He recevied his letter affriming his victory from the commission.Now he should receive a public apology during the next city council meeting when this information is brought to council attention. This apology should be delivered by the man who caused all the drama in the first place, Nitro Mayor Dave Casebolt.

Let's wait and see if Casebolt will do the right thing and apologize or if he will just sweep this (as he is many other things in Nitro) under the rug.

Congratulations Ivan and keep up the good work on behalf of the residents of this community.

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Nitro Parks and Recreation Committee Violating Procedures

By Tifney FranksFriday May 10, 2013

Nitro, W. Va. - At the City of Nitro Parks and Recreation Committee meeting Thursday May 9, 2013 the city pool was the topic. There was no agenda generated for the meeting.

Committee Chair Councilwoman Laurie Elkins stated, "the only items on the agenda are the pool and adjourn." It was quickly apparent that the chairwoman may be unfamiliar with the purpose and structure of an agenda and what must be posted to the public before such meetings are held.

The committee had discussion on items such as use of coolers at the pool, vendor selection for pool concession, purchase of signs, purchase of tables, the proper housing of pool chemicals, Baker Engineering Pool Plan status, wristbands for patrons of the pool, sign in sheets for double verification of register tallies of the number of patrons to the pool, procedures for dealing with intoxicated patrons and the current state of the pool preparation for opening day. Each of the items required their own slot on an agenda especially those items which required a consensus of the committee to then take back to full council for a vote.

But the committee appeared to be of the opinion that they were the final say in the matter and had no discussion of taking anything back to full city council for a vote. Previous meetings have resulted in decisions being made and money spent without a full vote of council.

At the conclusion of the meeting Mayor Casebolt who had attended the meeting was advised that nothing can be passed in a committee that all actions recommended by the committee would have to be voted on by the full city council. Mayor Casebolt responded by asking if Sam's was ever voted on by council to supply the pool concession before. This question would be best answered by city treasurer John Young as he has been cutting checks to Sam's for going on six years now. Perhaps Mayor Casebolt will ask him when he returns to city hall next week.

Agendas and public notification of meetings are necessary for a community to be informed and participate in their local government.

One of the main items voted on (or confirmation of a previous vote) during the meeting was the use of coolers at the city pool. Councilwoman Laurie Elkins, Councilman Andy Shamblin and Councilman Bill Javins all voted for the use of the coolers. Mayor Casebolt who did not have a vote voiced his concern and disapproval of coolers as it would cut the profits made in the pool concession. It also needs to be noted that Assistant Pool Manager Lee Painter was also in objection to the use of coolers at the city pool. But his objections were dismissed by the committee. Painter was advised by Councilwoman Elkins that "they" made the decisions and that he worked for them.

This level of involvement of council members in to the day to day operations of any department is unprecedented. One might even ask why bother hiring managers and assistant managers if council members are going to over ride every decision that is made. The pool manager nor the assistant managers can even post a schedule for the employees without the approval of Councilwoman Laurie Elkins.

The second item was the food vendor for the concession at the pool. The discussion was between Sam's and US Food Service. Councilwoman Elkins stated it was a liability for the city not to mention the waste of an employees time to go to Sam's. The Mayor stated he did not like the practice of using Sam's as you can't track anything. Stating that there were checks in city hall for Sam's with no invoice or receipt.

Councilwoman Elkins and the other committee members appeared to be unaware that city employees are already making trips to Sam's for the library, police department, fire department, city hall as well as the pool. Utilizing a vendor with a higher price and the use of coolers will put the ability of the pool concession to turn a profit in jeopardy.

While there were other items discussed to be purchased it was really unclear if a consensus was reached to take to the full council.

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Nitro Fire Department Overtime Issue Concerning

By Tifney FranksTuesday May 7, 2013

NITRO, W. Va. -- Overtime has been an issue in the Nitro Fire Department for many years. With the recent retirement of Fire Chief Ernie Hedrick, use of vacation and sick days this issue has only been highlighted.

Recently fire fighters are working three and even four days consecutively. This could potentially be a serious public safety issue.

I raised this issue during the public section comment period of last nights city council meeting.

However, there seemed to be no acknowledgement of the ongoing issue by any member of council. Councilwoman Laurie Elkins did make a comment about the reason former Chief Hedrick was put on shift, "I remember that resolution that was passed putting the former Chief on shift and I believe it specified it during the pending investigation of the fire fighter that they attempted to terminate."

If this were the case then Chief Hedrick would have removed from shift duty at the conclusion of the matter involving fire fighter A.J. Shinn. This did not happen. Chief Hedrick remained on shift until his retirement.

The potential public safety issue must be addressed by Nitro city council.

Please click the video below to hear the public comment section exchange.

Mayor Casebolt Offering Payment for Services Without Vote of Council

Nitro Mayor Dave Casebolt may need to learn the hard way that you can't obligate the city to expend funds or spend funds in Nitro without a vote of the full council.This past Thursday April 25 during the Property Maintenance Meeting Mayor Casebolt stated that the city would pay for the cost of hauling away the Rich Oil Station on route 25 if the owners would have the building torn down. This was in conversation with the representatives of the property.This would be costly to the taxpayers and residents of Nitro. Mayor Casebolt does not have the authority to make such an offer without a vote of council.You would think after the fiasco with his office remodel and his claim of an "innocent mistake" in not following the cities purchasing policy he would not be so quick to jump the gun again.Mayor Casebolt everyone knows you are in the Real Estate Business but the City of Nitro is not.Nitro residents and business owners have paid the price one to many times for these behind closed door deals. Let the owners of the property pay to remove their own building if they choose to tear it down or let the new owners pay the price to demolish the building if they so choose.

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CarFax Report for Bucket Truck

There are many things that are questionable about the 20,000 the city spent to purchase a bucket truck in 2011.

First the actual bids. According to city council minutes there were only three bids. But information received by this site shows that the city actually had five bids. Four of the five bids had specification sheets and vehicle descriptions. What you would expect to see when a vehicle is being bid. But that is not what was provided by the winning bidder C&C Auto. They provided a single sheet sales form with "Previous Flood" at the top. Make and Model of the truck along with the VIN Number and the Mileage listed. No other vehicle specifications provided.

An interesting note about them placing the mileage on the form. There are two boxes as you can see below regarding the Odometer Disclosure Statement. Neither box is checked. Which is curious since box two clearly should have been checked as the CarFax Report shows the WARNING - ODOMETER DISCREPANCY.

There was a second bid for a vehicle that had not sustained Flood Damage for 20,500. But the truck which had sustained the damage was selected.

Another curious fact is that council did not vote to approve the purchase and select the bid. What information did Rita Cox, John Young, Rusty Casto and A.J. Hill use to decide to purchase the truck from Fred Harmon (who is a close personal friend and business associate of then councilman Casebolt and his employer River Valley Properties. In fact in the recent obituary of Chuck Boggs Sr. Fred Harmon was listed as the adopted son of Mr. Boggs.)

This whole purchase was shady from the get go. If anyone would like to see the other bids please reply to this site on the feedback page and we will email them to you.

Below is the bid by WorldWide Equipment and you can clearly see the other Used Truck bid was only being bid at 500.00 more than the Salvaged Title by Fred Harmon and C&C Auto. WorldWide also supplied specification sheets like all the other bidders. All except Fred Harmon and C&C Auto. The only information they supplied is above in the one sheet.

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Remember the 20,000 Bucket Truck Purchase?

Remember the 20,000 the City of Nitro spent to purchase a bucket truck for use by public works. The city needed such a truck and the one purchased is being used by public works.

But just how did this purchase come to be? There were questions at the time as the process was so quick and Dave Casebolt then councilman was walking Fred Harmon to city hall to pick up the 20,000 check.The issue for many at the time was the close working and personal relationship then Councilman Dave Casebolt had with Fred Harmon through his (Dave Casebolts) employer Chuck Boggs and River Valley Properties.What was most concerning initially was the CarFax Report on the vehicle. CarFax had the vehicle Flagged with the following alerts:* SALVAGE / JUNK / REBUILT / FIRE / FLOOD / HAIL / LEMON - ALERT! PROBLEM FOUND* ALERT! SEVERE PROBLEMS WERE REPORTED BY A STATE DEPARTMENT OF MOTOR VEHICLES (DMV). THIS VEHICLE DOES NOT QUALIFY FOR THE CARFAX BUYBACK GUARANTEE.* ODOMETER CHECK - DMV TITLE PROBLEMS REPORTED* ACCIDENT / DAMAGE - DMV TITLE PROBLEMS REPORTED - SEVERE DAMAGE NOTED* BASIC WARRANTY - ORIGINAL MANUFACTURER WARRANTY LIKELY VOIDED BY MANUFACTURER AFTER VEHICLE WAS SEVERELY DAMAGED* 11/24/2010 UNDER DETAILED HISTORY - SALVAGE TITLE/CERTIFICATE ISSUED NOT ACTUAL MILEAGE TITLE ISSUED / FLOOD DAMAGE TITLE ISSUED GOES ON TO STATE MILEAGE REPORTED AFTER THIS READING IS POTENTIALLY UNRELIABLE - (ON THE WINNING BID BY C&C AUTO THE MILEAGE OF 55,371 WHICH WAS WHAT WAS REPORTED ON 11/24/2010 WAS LISTED)There is another issue with this 20,000 purchase by the city. This information will be developing and information will be posted to follow up this post on Monday 04/22/2013. Check back Monday for updates.

Mayor Casebolt, Recorder Cox, Treasurer Young will have some questions to answer.

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The more things change the more they stay the same. Or at least that is the sad reality for Nitro, WV.

Low level political infighting amongst elected officials create havoc for the men and women who work in the small town. One would think the stakes must be very high for grown men and women to participate in actions that are meant to smear and tarnish the names and reputations of honest hard working people.

Nitro Mayor Dave Casebolt recently put the following on his facebook page, "I had a individual tell me recently that if a lie is told long enough, then the perception will become reality to many people. So people will hide under false names and make statements that are not true with the hope that people will perceive it to be true."

There have been so many attacks and lies told about the very men who serve in Nitro's police and fire departments one has to wonder if the elected officials have any respect at all for either department.

The article below was from more than 20 years ago. As you can see the police and fire departments receiving a tiny pay raise. The police chief at the time receiving what amounted to a $4.00 per check raise. Which equates to about a $100.00 per year raise or if you like to break it down by hour about a .05 raise. A joke even back then.

Today current year 2013 the Nitro City Council led by Mayor Dave Casebolt passed their FY 2014 budget with no pay raise at all for Nitro Fire Fighters. All other city employees receiving a raise.

This site personally thinks this was intentional and just a slap in the face to every man in the fire department. Mayor Dave Casebolt has issues with both the police and fire departments. Many conversations were held before the election that Nitro had too many police and fire fighters. Some elected officials even agreeing instead of educating the public to the fact that in reality each department is currently under manned.

This site personally believes it is just a small insight in to the thinking of our current Mayor and his Treasurer John Young. John Young has been behind a lot of the police and fire bashing over the last five years.

The men in each department deserve the respect of the community but under men like Karnes and now Casebolt we are back to the old saying the more things change the more they stay the same.

Sad but true in Nitro.

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The More Things Change the More They Stay the Same

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City of Nitro CVB Exemption Status Revoked by IRS

City of Nitro Treasurer John Young has failed to file annual returns with the IRS for three consecutive years. This has resulted in the IRS revoking the exemption status for the Nitro Convention and Visitors Bureau as of December 2012. John Young has been receiving notifications of his failure to file and has not taken the action necessary to avoid the exemption status from being revoked. What is concerning is that John Young who is Treasurer not only to the City of Nitro but also the Convention and Visitors Bureau has not made this fact public.Too the knowledge of this site no notice has been provided to the Kanawha County Commission. As the status has been revoked all hotel motel monies received after the revocation in December should not have been sent to the City of Nitro for distribution between the city and the CVB.There are serious questions about the ethical conduct of John Young and his failure to provide proper notice to the members of the CVB, the city, the county and the public. The CVB will be able to apply to have their status reactivated. And if cause can be shown as to why they failed to file they may be able to get it retro activated to their original revocation date. How could a CPA who has been provided notification from the IRS have failed to file the proper paperwork to avoid the exempt status from being revoked. John Young has been treasurer for the CVB since its inception and had all documentation on what he was required to file and when.This is not the only group in Nitro with questions about its exempt status. The Nitro Development Authority also had its exempt status revoked. Theirs was revoked November 15, 2011. They did file to have their status reactivated and but not until March of 2013. According to the IRS their status was retro activated back to May of 2012. But this leaves a time period where the NDA was without its exemption status and receiving monies from the city to pass along to THF.

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Where are the Garbage Bags?

This site has received emails from people asking, "Where are the garbage bags we were promised" by then candidate Casebolt for Mayor. Mayor Dave Casebolt promised hundreds of residents that one of the things he would do when elected is bring back Free Garbage Bags for Nitro residents.

This site doesn't think free trash bags make sense. But this was a promise by a candidate for Mayor and now the residents are left asking, "Where are the bags we were promised?"

So Mayor - Where are the garbage bags you promised during the campaign. You were on council for four years before becoming Mayor and knew that you could not promise anything as all expenditures of city revenue has to be voted on by council. But you didn't tell people that when you were in campaign mode. You PROMISED and in one residents words, "HAVE FAILED TO DELIVER".

Garbage Collection in Nitro Becoming Dangerous

The above photograph was taken after a near collision with another vehicle on the roadway. Nitro Public Works employees were sent out to pick up trash with a flat bed dump truck. Nothing to keep the trash contained. As the trash gets higher and higher in the back of the truck it becomes a road hazard.

It did become a hazard on April 8th when a car on the road had to swerve almost off the road to avoid the debris coming off the city dump truck.

These men were actually picking up trash and then taking the truck to meet a garbage truck. This is where it becomes odd. The employees then had to take the time to throw each bag from the back of the dump truck to the back of a garbage truck. This seems to be a waste of resources.

If the road the trash was being collected was a road not large enough for a garbage truck you might expect to see this happening. But as anyone can see this a main road in Nitro where garbage trucks have alway run.

Nitro Fire Fighter A.J. Shinn has been sleeping through calls. You read that correctly. A PAID Full Time Nitro Fire Fighter not even bothering to get out of bed to respond to calls. This site has confirmed that A.J. Shinn has slept through at least two calls in the last weeks. One was a call involving an accident and the other that has been confirmed was a call for a Nitro resident calling 911 due to a cardiac arrest. This is outrageous. You would think that something would be done about this by the Chief and if the Chief fails to take action then the Mayor should be holding the Chief accountable.A real Mayor would be doing this, however, word is that Nitro Mayor Dave Casebolt is making excuses for A.J. Shinn. He has advised the fire department that other fire fighters should be making sure that A.J. Shinn is awake and responding. This is not kindergarten. A PAID fire fighter is responsible to get his self up when the alarm goes off. Anyone in Nitro knows who has been near the fire department when the alarm goes off - it is impossible to say you do not hear it if you are actually in the fire station. The alarm is so loud you can hear it blocks away. Not to mention that the lights come on automatically when the alarm is going off.One excuse for A.J. Shinn sleeping through calls has been that he was on medication that kept him from waking up. OK - if that is true that is even more reason to take action. If he is medicated to the point he can not hear a fire alarm in a fire station he is to medicated to respond to an emergency call. Another excuse has been that he can't hear the alarm. Really, he can't hear the alarm. I think we have already established there is no way anyone can be in the fire station and not hear the alarm. You would have to be stone cold deaf. Again, this excuse is worse than the first. If he can't hear the alarm then he certainly poses a safety issue to his fellow fire fighters on calls. If he can't hear an alarm he surely can be relied on to hear the radios and make communication with fire fighters who are in situations where life and death depends on communication.Will the new Fire Chief Jeff Elkins step up and do his job or will he allow his friend A.J. Shinn to go unpunished and held unaccounted for his actions.Will the Mayor step in and force the Fire Chief Jeff Elkins to take action or will he allow his former co-worker and real estate buddy A.J. Shinn to go unpunished and held accounted for his actions.

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Mayor to Renovate His Office While Fire Fighter Fight the Elements and Mold

Nitro Mayor Dave Casebolt is remodeling his office and that of his treasurer John Young. Why is this worth discussing you might ask? Well Dave Casebolt is using city funds to renovate his office and that of his treasurer because they are just no fancy enough for the new Mayor. While they may be dated - they are not fighting the elements and mold. There would be no issue with this action at all if there were not employees who are fighting the elements of weather and mold. The men that work in the Nitro Fire Department have been fighting this battle for more than 7 years now.City Council always says there is no money to make the necessary repairs to the fire station. So while equipment and trucks costing more than 300,000 sit exposed and areas that fire fighters are exposed contain mold. The Mayor and his sidekick will have new tile, bathroom, walls and doors. This is just not right.The men who work in the fire department deserve to be workcing in safe conditions. Why is the mayor putting his own WANTS above the NEEDS of the fire fighters? This page believes he does it because he simply does not care.